Of the celebrated Dartmouth College case I do not consider it necessary for my present purpose to speak in detail. It is sufficient to say that it was menaced with a serious peril. The chartered rights of the college were threatened by legislative interference; nay, more, an act was passed, and pronounced valid by the courts of New Hampshire, which imperilled the usefulness and prosperity of the institution. The matter was carried before the Supreme Court of the United States, and Mr. Webster’s services were secured. The argument which he made on that occasion established his reputation as a great lawyer. The closing portion was listened to with absorbing interest. It was marked by deep feeling on the part of the speaker. It is as follows:
“This, sir, is my case. It is the case not merely of that humble institution, it is the case of every college in our land; it is more, it is the case of every eleemosynary institution throughout our country—of all those great charities founded by the piety of our ancestors, to alleviate human misery, and scatter blessings along the pathway of life. It is more! It is, in some sense, the case of every man among us who has property of which he may stripped, for the question is simply this: ‘Shall our State Legislatures be allowed to take that which is not their own, to turn it from its original use, and apply it to such ends or purposes as they in their discretion shall see fit?’
“Sir, you may destroy this little institution; it is weak; it is in your hands. I know it is one of the lesser lights in the literary horizon of our country. You may put it out. But if you do so, you must carry through your work! You must extinguish, one after another, all those greater lights of science which, for more than a century, have thrown their light over our land!
“It is, sir, as I have said, a small college, and yet there are those who love it—”
Here the orator was overcome by emotion. His lips quivered, and his eyes filled with tears. The effect was extraordinary. All who heard him, from Chief Justice Marshall to the humblest attendant, were borne away on the tide of emotion as he gave expression in a few broken words to the tenderness which he felt for his Alma Mater.
When he recovered his composure, he continued in deep, thrilling tones, “Sir, I know not how others may feel, but for myself, when I see my Alma Mater surrounded, like Cæsar in the Senate-house, by those who are reiterating stab after stab, I would not, for this right hand, have her turn to me, and say, ’Et tu quoque mi fili! And thou too, my son!’”
This speech, which was masterly in point of logic as well as a powerful appeal to the feelings, was successful, and the opponents of the college were disastrously defeated.