[3.] L. 10. 2. When Mr. Webster sat down, there was a stillness as of death in the court-room, and when the audience had slowly recovered itself the replies of the opposing counsel were made, but seemed weak indeed in comparison to what had just been heard. On the conclusion of the arguments, the Chief Justice announced that the Court could not agree, and that the case must be continued to the next term. During the interim, the utmost effort was used by the friends of the College, the press, and the Federalists, to bring the matter before the public, and to impress the judges with the condition of the public mind. The defence prepared to renew the contest, and able counsel was secured. At the next term, however, the Chief Justice ruled that the Acts of the Legislature were void, as they impaired the right of private contract. Of this argument Mr. Justice Story said: "For the first hour we listened with perfect astonishment; for the second hour with perfect delight; and for the third hour with perfect conviction."
Mr. Lodge says: "From the day when it was announced, to the present time, the Doctrine of Marshall in the Dartmouth College Case has continued to exert an enormous influence."
After the trial Mr. Hopkinson wrote to the President of the College and said: "I would have an inscription over the door of your building: 'Founded by Eleazor Wheelock, Refounded by Daniel Webster.'"
Cf. Curtis's Life of Webster, Ch. VIII.; Lodge's Webster, Ch. III.; Everett's Memoir, in Vol. I. of Webster's Works; Shirley's Dartmouth College Causes; Correspondence of Webster, Vol. I., pp. 266-70; Magruder's Life of John Marshall.
First Settlement of New England
December, 1820.
The "Old Colony Club," formed for social intercourse in 1769, was the first to celebrate Forefathers' Day. Although the club was dissolved in 1773, the anniversary celebrations were continued until 1780; between this time and 1820, when the "Pilgrim Society" was founded, they were held with but few interruptions.
The foundation of the "Pilgrim Society" in 1820 gave a new impetus to the celebrations, and in that year Mr. Webster was chosen to give the address.
[1.] P. 64, l. 17. 1. The allusion is to the painting by Sargent; it was presented by him to the Society in 1824.
[2.] L. 22. 2. Cf. Collections of the Massachusetts Historical Society.