Article

Charter of Dartmouth College

DECEMBER 1969
Article
Charter of Dartmouth College
DECEMBER 1969

GEORGE THE THIRD by the grace of God of Great Britain France and Ireland KING Defender of the Faith, and so forth.—

To ALL to whom these Presents shall come. GREETING

[1]* WHEREAS it hath been represented to our Trusty and well beloved JOHN WENTWORTH Esquire Governor and Commander in Chief in and over our Province of NEW HAMPSHIRE in New England in AMERICA, that the Reverend ELEAZER WHEELOCK of Lebanon in the Colony of Connecticut in New England aforesaid, now Doctor in Divinity, did on or about the year of our Lord one thousand seven hundred and Fifty four at his own expense, on his own Estate and Plantation set on foot an INDIAN Charity-School and for several years through the assistance of well-disposed Persons in America, cloathed, maintained and educated a number of the Children of the Indian Natives with a view to their carrying the Gospel in their own Language and spreading the knowledge of the Great Redeemer among their Savage Tribes, and hath actually employ'd a number of them as Missionaries and Schoolmasters in the Wilderness for that purpose: and by the blessing of GOD upon the endeavours of said Wheelock the design became reputable amoung the Indians insomuch that a larger number desired the Education of their Children in said School, and were also disposed to receive Missionaries and Schoolmasters in the Wilderness more than could be supported by the charitable Contributions in these American Colonies.—

[2] WHEREUPON the said Eleazer Wheelock thought it expedient that endeavours should be used to raise Contributions from well disposed Persons in England for the carrying on and extending said undertaking, And for that purpose said Eleazer Wheelock requested the Reverend Nathaniel Whitaker now Doctor in Divinity to go over to England for that purpose, and sent over with him the Reverend Samson Occom an Indian Minister who had been educated by the said Wheelock, And to enable the said Whitaker to the more successful performance of said Work on which he was sent, said Wheelock gave him a full Power of Attorney by which said Whitaker solicited those worthy & generous Contributors to the Charity Vizt. The Honorable WILLIAM Earl of DARTMOUTH, The Honorable Sir SIDNEY STAFFORD SMYTHE Knight, one of the Barons of his Majesty's Court of Exchequer, JOHN THORNTON of Clapham in the County of Surry Esquire, SAMUEL ROFFEY of Lincoln's Inn fields in the County of Middlesex Esquire, CHARLES HARDY of the parish of Saint Mary-le-bonne in said County Esquire, DANIEL WEST of Christ's church Spitalfields in the County aforesaid Esquire, SAMUEL SAVAGE of the same place Gentleman, JOSIAH ROBERTS of the parish of Saint Edmund the King Lombard Street, London Gentleman, and ROBERT KEEN of the parish of Saint Botolph Aldgate London, Gentleman, to receive the several Sums of Money which should be contributed, and to be Trustees for the Contributors to such Charity, which they chearfully agreed to —

[3] Whereupon the said Whitaker did by virtue of said Power of Attorney constitute and appoint the said Earl of Dartmouth, Sir Sydney Stafford Smythe, John Thornton, Samuel Roffey, Charles Hardy & Daniel West Esquires, and Samuel Savage, Josiah Roberts and Robert Keen Gentlemen to be Trustees of the Money which had then been contributed, and which should by his means be contributed for said Purpose; which Trust they have accepted as by their engrossed Declaration of the same under their Hands and Seals well executed fully appears, and the same has also been ratified by a deed of Trust well executed by the said Wheelock,—

[4] And the said Wheelock further represents that he has by power of Attorney for many weighty reasons, given full Power to the said Trustees to fix upon and determine the place for said School most subservient to the great end in view, and to enable them understand to give the preference, the said Wheelock has laid before the said Trustees the several Offers which have been generously made in the several Governments in America to encourage and invite the settlement of said School among them for their own private emolument, and the increase of Learning in their respective places as well as for the furtherance of the general design in view.

[5] And whereas a large number of the Proprietors of Lands in the western part of this our Province of New Hampshire, animated & excited thereto by the generous example of his Excellency their Governor, and by the liberal Contributions of many Noblemen and Gentlemen in England; and especially by the consideration that such a situation would be as convenient as any for carrying on the great design among the Indians; and also considering that without the least impediment to the said design the same School may be enlarged & improved to promote Learning among the English & be a means to supply a great number of Churches & Congregations which are likely soon to be formed in that new Country with a learned & orthodox Ministry, they the said Proprietors have promised large Tracts of Land for the uses aforesaid, provided the School shall be settled in the western part of our said Province.

[6] And they the said Right Honorable, Honorable and worthy Trustees before mentioned having maturely consider'd the reasons & arguments in favour of the several Places proposed, have given the preference to the western part of our said Province lying on Connecticut River, as a situation most convenient for said School;

[7] And the said Wheelock has further represented a necessity of a legal Incorporation in order to the safety and well being of said Seminary, and its being capable of the tenure & disposal of Lands & bequests for the use of the same.

[8] And the said Wheelock has also represented that for many weighty reasons it will be expedient at least in the infancy of said Institution or 'till it can be accommodated in that new Country and he 8c his Friends be able to remove and settle by and round about it, that the Gentlemen whom he has already nominated in his last Will (which he has transmitted to the aforesaid Gentlemen of the Trust in England) to be Trustees in America should be of the Corporation now proposed

[9] & also as there are already large Collections for said School in the hands of the aforesaid Gentlemen of the Trust in England and all reason to believe from their singular wisdom, piety and zeal to promote the Redeemers cause (which has already procured for them the utmost confidence of the Kingdom) we may expect they will appoint Successors in time to come who will be men of the same Spirit whereby great good may & will accrue many ways to the institution & much be done by their example and influence to encourage and facilitate the whole design in view; for which reasons said Wheelock desires that the Trustees aforesaid may be vested with all that power therein which can consist with their distance from the same

[10] KNOW YE THEREFORE, that We considering the Premises and being willing to encourage the laudable & charitable design of spreading Christian Knowledge among the Savages of our American Wilderness and also that the best means of Education be established in our Province of New Hampshire for the benefit of said Province, DO of our special grace certain knowledge and mere motion by and with the advice of our Council for said Province by these Presents WILL, ordain, grant & constitute that there be a College erected in our said Province of New Hampshire by the name of DARTMOUTH COLLEGE

[11] for the education & instruction of Youth of the Indian Tribes in this Land in reading, writing & all parts of Learning which shall appear necessary and expedient for civilizing & christianizing Children of Pagans as well as in all liberal Arts and Sciences; and also of English Youth and any others,

[12] and the Trustees of said College may and shall be one body corporate and politick in deed action & name, and shall be called, named & distinguish'd by the Name of the TRUSTEES OF DARTMOUTH COLLEGE And further we have willed given granted constituted and ordained and by this our present Charter of our special grace certain knowledge & mere motion with the advice aforesaid Do for us our heirs and Successors for ever will give grant constitute & ordain that there shall be in the said DARTMOUTH COLLEGE from henceforth and for ever a body politick consisting of Trustees of said Dartmouth College

[13] and for the more full & perfect erection of said Corporation & body politick consisting of Trustees of Dartmouth College We of our special grace certain knowledge & mere motion Do by these Presents for us our Heirs & Successors make ordain constitute and appoint our trusty and well beloved JOHN WENTWORTH Esquire Governor of our said Province, and the GOVERNOR of our said Province of New Hampshire for the time being and our Trusty and well beloved THEODORE ATKINSON Esquire now President of our Council of our said Province GEORGE JAFFREY & DANIEL PIERCE Esquires both of our said Council and PETER GILMAN Esquire now Speaker of our House of Representatives in said Province & WILLIAM PITKIN Esquire one of the Assistants of our Colony of Connecticut & our said trusty and well beloved ELEAZER WHEELOCK of Lebanon Doctor in Divinity, BENJAMIN POMROY of Hebron JAMES LOCKWOOD of Weathersfield TIMOTHY PITKIN & JOHN SMALLEY of Farmington & WILLIAM PATTEN of Hartford all of our said Colony of Connecticut Ministers of the Gospel (the whole number of said Trustees consisting and hereafter forever to consist of TWELVE & no more)* to be Trustees of said Dartmouth College in this our Province of New Hampshire

[14] And we do further of our special grace certain knowledge and mere motion for us our Heirs and Successors will give grant and appoint that the said Trustees & their Successors shall for ever hereafter be in deed act & name a body corporate & politick & that they the said body corporate & politick shall be known & distinguished in all deeds grants bargains sales writings evidences or otherwise howsoever & in all Courts for ever hereafter plead and be impleaded by the Name of the Trustees of Dartmouth College

[15] and that the said Corporation by the name aforesaid shall be able and in law capable for the use of said Dartmouth College to have get acquire purchase receive hold possess and enjoy tenements hereditaments jurisdictions and franchizes for themselves and their Successors in fee simple or otherwise howsoever & to purchase receive or build any House or Houses or any other buildings as they shall think needful & convenient for the use of said Dartmouth College and in such Town in the western part of our said Province of New Hampshire as shall by said Trustees or the major part of them be agreed on their said Agreement to be evidenced by an instrument in writing under their hands ascertaining the same And also to receive and dispose of any Lands goods chattels and other things of what nature soever for the use aforesaid And also to have accept and receive any rents profits annuities gifts legacies donations or bequests of any kind whatsoever for the use aforesaid so nevertheless that the yearly value of the Premises do not exceed the Sum of six thousand pounds Sterling and therewith or otherwise to supprt and pay as the said Trustees or the major part of such of them as are regularly convened for that purpose shall agree the President Tutors and other Officers & Ministers of said Dartmouth College & also to pay all such Missionaries & Schoolmasters as shall be authorized appointed & employed by them for civilizing & christianizing & instructing the Indian Natives of this Land their several allowances & also their respective annual Salaries or allowances & all such necessary & contingent charges as from time to time shall arise & accrue relating to the said Dartmouth College And also to bargain sell let set or assign Lands tenements or hereditaments goods or chattels & all other things whatsoever by the name aforesaid in as full and ample a manner to all intents and purposes as a natural person or other body politick or corporate is able to do by the laws of our realm of Great Britain or of said province of New Hampshire

[66] And further of our special grace certain knowledge & mere motion to the intent that our said Corporation & body politick may answer the end of their erection & Constitution & may have perpetual succession & continuance for ever We do for us our heirs and Successors will give & grant unto the said Trustees of Dartmouth College & to their Successors for ever that there shall be once a year & every year a meeting of said Trustees held at said Dartmouth College at such time as by said Trustees or the major part of them at any legal meeting of said Trustees shall be agreed on the first meeting to be called by the said Eleazer Wheelock as soon as conveniently may be within one year next after the enrollment of these our Letters Patent at such time & place as he shall judge proper And the said Trustees or" the major part of any seven or more of them shall then determine on the time for holding the annual Meeting aforesaid which may be alter'd as they shall hereafter find most convenient And we further order and direct that the said Eleazer Wheelock shall notify the time for holding said first meeting to be called as aforesaid by sending a letter to each of said Trustees & causing an advertizement thereof to be printed in the New Hampshire Gazette & in some publick News Paper printed in the Colony of Connecticut But in case of the Death or incapacity of the said Wheelock then such meeting to be notified in manner as aforesaid by the Governor or Commander in Chief of our said Province for the time being

[17] And we do also for us our Heirs & Successors hereby will give and grant unto the said Trustees of Dartmouth College aforesaid & to their Successors for ever that when any seven or more of the said Trustees or their Successors are convened & met together for the service of said Dartmouth College at any time or times such seven or more shall be capable to act as fully & amply to all intents & purposes as if all the Trustees of said College were personally present & all affairs & actions whatsoever under the care of the said Trustees shall be determined by the majority or greater number of those seven or more Trustees so convened & met together

[18] And we do further will ordain & direct that the President Trustees, Professors & Tutors & all such Officers as shall be appointed for the publick instruction & government of said College shall before they undertake the execution of their respective Offices or Trusts or within one year after take the Oaths & subscribe the declaration provided by an act of Parliament made in the first year of King George the first entitled "An act for the further security of his Majesty's Person & Government & the succession of the Crown in the heirs of the late princess Sophia being Protestants & for the extinguishing the hopes of the pretended Prince of Wales & his open & secret Abettors" that is to say the President before the Governor of our said Province for the time being or by one by him impowered to that service or by the President of our said Council & the Trustees Professors Tutors & other Officers before the President of said College for the time being who is hereby impower'd to administer the same an entry of all which shall be made in the Records of said College.

[19] And we do for us our heirs & Successors hereby will give & grant full Power & Authority to the President hereafter by us named & to his Successors or in case of his failure to any three or more of the said Trustees to appoint other occasional meetings from time to time of the said seven Trustees or any greater number of them to transact any matter or thing necessary to be done before the next annual meeting and to order notice to the said seven or any greater number of them of the times & places of meeting for the service aforesaid by a letter under his or their hands of the same one month before said meeting Provided always that no standing Rule or order be made or altered for the regulation of said College nor any President or Professor be chosen or displaced nor any other matter or thing transacted or done which shall continue in force after the then next annual meeting of said Trustees as aforesaid

[20] And further we do by these Presents for us our Heirs and Successors create make constitute nominate & appoint our Trusty and well beloved ELEAZER WHEELOCK Doctor in Divinity the FOUNDER of said College to be PRESIDENT of said DARTMOUTH COLLEGE and to have the immediate care of Education & government of such Students as shall be admitted into said DARTMOUTH COLLEGE for instruction & education and do will give & grant to him in said Office full power authority & right to nominate appoint constitute & ordain by his last will such suitable & meet person or Persons as he shall chuse to succeed him in the Presidency of said Dartmouth College & the person so appointed by his last Will to continue in Office vested with all the powers privileges Jurisdiction & authority of a President of said Dartmouth College that is to say so long and untill such appointment by said last Will shall be disapproved by the Trustees of said Dartmouth College

[21] And we do also for us our heirs and Successors will give & grant to the said Trustees of Dartmouth College & to their Successors for ever or any seven or more of them convened as aforesaid that in case of the ceasing or failure of a President by any means whatsoever that the said Trustees do elect nominate & appoint SUCH qualified person as they or the major part of any seven or more of them convened for that purpose as above directed shall think fit to be PRESIDENT of said DARTMOUTH COLLEGE and to have the care of the Education & government of the Students as aforesaid

[22] & in case of the ceasing of a President as aforesaid the Senior Professor or Tutor being one of the Trustees shall exercise the Office of a President untill the Trustees shall make choice of & appoint a President as aforesaid & such Professor or Tutor or any three or more of the Trustees shall immediately appoint a meeting of the body of the Trustees for the purpose aforesaid

[23] AND also we do will give and grant to the said Trustees convened as aforesaid that they elect nominate & appoint so many Tutors and Professors to assist the President in the Education & government of the Students belonging thereto as they the said Trustees shall from time to time & at any time think needful & serviceable to the interests of said Dartmouth College And also that the said Trustees or their Successors or the major part of any seven or more of them convened for that purpose as above directed shall at any time displace & discharge from the service of said Dartmouth College any or all such Officers & elect others in their room & stead as before directed

[24] And also that the said Trustees or their Successors or the major part o£ any seven of them which shall convene for that purpose as above directed do from time to time as occasion shall require elect constitute & appoint a TREASURER a CLERK an USHER & a STEWARD for the said DARTMOUTH COLLEGE & appoint to them & each of them their respective businesses & trusts & displace & discharge from the service of said College such Treasurer Clerk Usher or Steward & to elect others in their room' & stead

[25] which Officers so elected as before directed We do for us our heirs & successors by these Presents constitute & establish in their respective Offices & do give to each & every of them full power & Authority to exercise the same in said Dartmouth College according to the directions & during the pleasure of the said Trustees as fully & freely as any like Officers in any of our Universities Colleges or Seminaries of learning in our Realm of Great Britain lawfully may or ought to do,

[26] & also that the said Trustees & their Successors or the major part of any seven or more of them which shall convene for that purpose as is above directed as often as one or more of said Trustees shall die or by removal or otherwise shall according to their judgment become unfit or incapable to serve the interests of said College do as soon as may be after the Death removal or such unfitness or incapacity of such Trustee or Trustees elect & appoint such Trustee or Trustees as shall supply the place of him or them so dying or becoming incapable to serve the interests of said College & every Trustee so elected & appointed shall by virtue of these Presents & such election & appointment be vested with all the Powers & privileges which any of the other Trustees of said College are hereby vested with

[27] And we do further Will ordain & direct that from 8c after the expiration of Two years from the enrollment of these Presents such vacancy or vacancies as may or shall happen by death or otherwise in the aforesaid number of Trustees shall be filled up by election as aforesaid so that when such vacancy or vacancies shall be filled up unto the complete number of TWELVE Trustees Eight* of the aforesaid whole number of the body of Trustees shall be resident and respectable Freeholders of our said Province of New Hampshire & seven of said whole number shall be Laymen.

[28] And we do further of our special grace certain knowledge and mere motion will give and grant unto the said Trustees of Dartmouth College that they and their Successors or the major part of any seven of them which shall convene for that purpose as is above directed may make 8c they are hereby fully impowered from time to time fully 8c lawfully to make and establish such Ordinances Orders & Laws as may tend to the good and wholsome government of the said College & all the Students & the several Officers & Ministers thereof & to the publick benefit of the same not repugnant to the Laws & Statutes of our Realm of GREAT BRITAIN or of this our Province of NEW HAMPSHIRE and not excluding any Person or any religious denomination whatsoever from free & equal liberty & advantage of Education or from any of the liberties and privileges or immunities of the said College on account of his or their speculative sentiments in Religion & of his or their being of a religious profession different from the said Trustees of the said Dartmouth College And such Ordinances orders 8c Laws which shall as aforesaid be made We do by these presents for us our heirs & Successors ratify allow of & confirm as good & effectual to oblige & bind all the Students & the several Officers & Ministers of the said College And we do hereby authorize & impower the said Trustees of Dartmouth College & the President Tutors & Professors by them elected & appointed as aforesaid to put such ordinances laws and orders in execution to all proper intents & purposes

[29] And we do further of our special grace certain knowledge & mere motion Will give & grant unto the said Trustees of said Dartmouth College for the encouragement of Learning and animating the Students of said College to diligence & industry & a laudable progress in Literature that they & their Successors or the major part of any seven or more of them convened for that purpose as above directed do by the President of said College for the time being or any other deputed by them give & grant any such degree or degrees to any of the Students of the said College or any others by them thought worthy thereof as are usually granted in either of the Universities or any other College in our Realm of Great Britain, & that they sign 8c seal Diplomas or certificates of such Graduations to be kept by the Graduates as perpetual memorials & testimonials thereof

[30] AND we do further of our special grace certain knowledge & mere motion for us our heirs & Successors by these Presents give & grant unto the Trustees of said Dartmouth College & to their Successors that they & their Successors shall have a common SEAL under which they may pass all Diplomas or Certificates of degrees & all other affairs & business of & concerning the said College which shall be engraven in such a form and with such an inscription as shall be devised by the said Trustees for the time being or by the major part of any seven or more of them convened for the service of the said College as is above directed.

[31] AND we do further for us our heirs & Successors give and grant unto the said Trustees of the said Dartmouth College & their Successors or to the major part of any seven or more of them convened for the service of the said College full power & authority from time to time to nominate & appoint all other Officers & Ministers which they shall think convenient & necessary for the service of the said College not herein particularly named or mention'd which Officers & Ministers we do hereby impower to execute their Offices & Trusts as fully & freely as any of the Officers & Ministers in our Universities or Colleges in our REALM of GREAT BRITAIN lawfully may or ought to do

[32] AND further that the generous Contributors to the support of this design of spreding the knowledge of the only true God and Saviour among the American Savages may from time to time be satisfied that their liberalities are faithfully disposed of in the best manner for that purpose & that others may in future time be encouraged in the exercise of the like liberality for promoting the same pious design it shall be the duty of the President of the said Dartmouth College & of his Successors annually or as often as he shall be thereunto desired or required to transmit to the Right honorable, honorable & worthy Gentlemen of the Trust in England before mentioned a faithful account of the improvement & disbursements of the several Sums he shall receive from the Donations & bequests made in England through the hands of said Trustees & also advise them of the general plans laid & prospects exhibited as well as a faithful account of all remarkable occurrences in order if they shall think expedient that they may be published And this to continue so long as they shall perpetuate their board of Trust & there shall be any of the Indian Natives remaining to be proper Objects of that Charity

[33] AND lastly our express Will & pleasure is and we do by these Presents for us our heirs and Successors give & grant unto the said Trustees of Dartmouth College & to their Successors forever that these our Letters Patent or the enrollment thereof in the Secretary's OFFICE of our Province of New Hampshire aforesaid shall be good & effectual in the Law to all intents & purposes against us our heirs and Successors without any other Licence Grant or Confirmation from us our heirs & Successors hereafter by the said Trustees to be had & obtained notwithstanding the not writing or misrecital not naming or misnaming the aforesaid Offices Franchises Priviledges Immunities or other the Premises or any of them and not withstanding a writ of Ad quod Damnum hath not issued forth to enquire of the Premises or any of them before the ensealing hereof any Statute Act Ordinance or Provision or any other matter or thing to the contrary notwithstanding.

[34] To HAVE AND TO HOLD ALL & singular the Priviledges Advantages Liberties Immunities and all other the Premises herein & hereby granted & given or which are meant mentioned or intended to be herein & hereby given & granted unto them the said TRUSTEES of DARTMOUTH COLLEGE & to their Successors for ever.

[35] IN TESTIMONY whereof We have caused these our Letters to be made Patent and the publick Seal of our said Province of NEW HAMPSHIRE to be hereunto affixed WITNESS our Trusty and well beloved JOHN WENTWORTH Esquire Governor and Commander in Chief in and over our said Province 8cca. this THIRTEENTH day of DECEMBER in the TENTH year of our Reign and in the year of our Lord one thousand seven hundred and Sixty nine.—

By his Excellency's Command with advice of Council

[Signed] THEODORE ATKINSON Sec'y

[Signed] J. WENTWORTH

* The charter is here divided into consecutively numbered sections. In all other respects it is believed to be a true copy, having been carefully compared with the original document now in the custody of the Treasurer of the College.

* By an act of the New Hampshire Legislature in 1961 the number of Trustees was increased to sixteen.

* By act of the New Hampshire Legislature in 1967 the residence requirement was amended to permit the Board in filling any vacancies to "elect persons who are either resident or not resident in New Hampshire."

Inducements for grantof charter—Indian Charity Schoolstarted by Wheelock—object, support, andsuccess of

Funds for— secured in England

Trustees for funds—Earl of Dartmouthand others

Location of School—English Trusteesempowered byWheelock to fix

Lands for use ofSchool—offers of

Location onConnecticut Riverpreferred byEnglish Trustees

Incorporation—necessity for

Members of Corporation—expedient tohave nominees in lastwill of Wheelock

English Trustees— Wheelock's desire asto powers of

Dartmouth Collegeestablished

Purposes of

Incorporation ofthe Trustees ofDartmouth College

Trustees—first appointed

Governor of New Hampshire for time being a Trustee

Number of Trustees limited to 12

Corporate name specifically granted

Capacities and powers of

Meetings of Trustees —first and annual, provided for

Quorum of Trustees

Oaths of allegianceto Crown

Meetings, special—how called andnotified

Limitations to business transacted atspecial meetings

President—EleazerWheelock appointedand authorized toappoint his immediatesuccessor

President—Trustees to elect, in case of vacancy

President—Senior Professor if a Trustee to act temporarily, in case of vacancy

Professors and Tutors—Trustees to elect and discharge

Treasurer, Clerk, Usher, Steward— Trustees to elect and discharge

Power and authority of said officers

Trustees dying,removing or becomingunfit—successors tobe elected by Trustees

Trustees—eight to be"resident and respectable freeholders" ofN. H., seven to belaymen

Ordinances, etc., forgovernment of College, its students andofficers—Trustees tomake

Religious liberty notto be interfered with

Degrees

Diplomas

Corporate Seal

Officers and ministers, other necessary— Trustees to appoint

English Trustees— reports to

Charter—confirmation of, notwithstanding errors, informalities,etc.

Habendum clause

Conclusion