able. The minority were ably led, both inside and outside the
Legislature, but parliamentary tactics availed them nothing. Many of
them joined in a written protest against the passage of the bill, the
substance of which has already appeared in the action of the Trustees.

Directly after the passage of this bill Mr. Marsh prepared an
elaborate argument, never published, setting forth the essence of the
leading points of the case, as viewed by the majority of the old
Trustees.

The following letter, addressed to Mr. Timothy Bigelow, Boston, is
worthy of notice in this connection:

"Concord, July 27, 1816.

"Dear Sir: Dr. McFarland will do himself the pleasure to hand you
this. In him you will recognize an old acquaintance. We wish to get
the opinions of as many legal friends as we can upon the question of
legitimate power in the New Hampshire Legislature, to pass the act
relating to Dartmouth College, and with regard to the course the old
Trustees ought to pursue. It is an interest, we think, common to all
well wishers to New England.

"The old Trustees, I am confident, are willing to take just that
course that their wisest and best friends recommend.

"Very cordially yours,

Thomas W. Thompson."

August 28, 1816, a majority of the old Trustees formally refused to
accept the provisions of the act.

A meeting of the Trustees of the university, under the act of June 27,
1816, was called, but through the illness of a single member, failed
for want of a quorum. The judges of the Superior Court, on December 5,
1816, in answer to the Governor and Council, gave their opinion that
the executive department had no authority to fill the vacancies which
had occurred. To remedy this, the Legislature, on December 18, 1816,
passed an additional act providing for filling the vacancies, the
calling of meetings and fixing a quorum; and on December 26, 1816,
passed another act imposing the penalty of five hundred dollars upon
any person who should assume any office in the university except by
virtue of the preceding acts.

In view of this action President Brown writes to Mr. Timothy Farrar,
of Portsmouth, January 3, 1817:

"Now, what shall we do? One of these four courses must be taken. We
must either keep possession and go on to teach as usual, without any
regard to the law, or, withdrawing from the college edifice and all
the college property, continue to instruct as the officers of
Dartmouth College; or, relinquish