At the next election the Democrats carried the State, and the Governor in his message took occasion to declare against the trustees. The Legislature, in June, 1816, passed an act to reorganize the College, and under this law the new trustees were chosen; thus the College became a State institution. Woodward, the Secretary of the old board, had been removed, and became the Secretary of the newly constituted board. Suit was brought against him by the old board, for the College seal and other property, and the case in charge of Mr. Mason and Judge Smith came up for trial in May, 1817; it was argued and then went over to the September term of the same year at Exeter. It was at this stage of the proceedings that Mr. Webster joined the counsel for the College. He made the closing argument of such force and pathos as to draw tears from the crowd in the court-room. The decision was against the College.
In Mr. Mason's brief we find that there were three points made against the Acts of the Legislature: (1) that they were not within the power of that body; (2) that they violated the Constitution of New Hampshire; and (3) that they violated the Constitution of the United States, or the right of private contracts. The third point was not, however, pressed by the counsel, and was not considered as very important; they based their case mostly upon the first point: that the College was founded by private parties, for special purposes, and that any quarrel of the trustees was a question for the courts to settle, and not for the Legislature. When it was decided against them, they removed the case to the Supreme Court of the United States on this one point, that the acts impaired the obligation of contracts. The friends of the College now desired Mr. Webster to take entire charge of the case; he consented, and selected as his assistant, Mr. Hopkinson, of Philadelphia. Mr. Holmes of Maine and Mr. Wirt conducted the defence.
The case was heard on March 10, 1818, and was opened by Mr. Webster. With the notes and minutes of the previous counsel Mr. Webster was familiar, and he said that the credit of the legal points and theories he set forth was due to them; he was only the arranger and reciter of what they had prepared. Mr. Webster had a remarkable power of selecting and using the material of other men, but he was always ready to give them the credit due.
