First Report of the Landmark Dartmouth College Case [Trial]. [Dartmouth College Case]. Farrar, Timothy [1788-1874], Reporter. Report of the Case of the Trustees of Dartmouth College Against William H. Woodward: Argued and Determined in the Superior Court of Judicature of the State of New-Hampshire, November 1817. And on Error in the Supreme Court of the United States, February 1819. Portsmouth [NH]: Published by John W. Forster and West, Richardson, And Lord, Boston, . [iv], 406 pp. Octavo (8-1/2" x 5"). Recent period-style calf, blind fillets to boards, blind fillets and lettering piece to spine, endpapers renewed. Moderate toning to text, somewhat darker around margins, very faint dampstaining in a few places, light foxing to a few leaves. Small early owner signature to head of title page, brief early annotations to margins in a few places, interior otherwise clean. Ex-library. Two tiny instamps to foot of p. [iii]. A handsome copy. $1,000. * Farrar's is the first published report of the landmark case involving the contract rights of corporations. With all the material related to the case, including the arguments of Webster and Wirt and the opinions of Chief Justice Marshall and Justices Story and Washington, and an appendix containing the texts of related documents. The New Hampshire legislature passed a bill in 1816 that revoked Dartmouth College's original charter and converted the college from a private to a state institution. The college challenged the constitutionality of this act in the New Hampshire Supreme Court without success, but the U.S. Supreme Court reversed the state's decision in a landmark opinion based on the contract clause of the Constitution (Article I, Section 10). "By construing the contract clause as a means of protecting corporate charters from state interventions, Marshall derived a significant limitation on state authority. As a result, various forms of private economic and social activity would enjoy security from state regulatory policy. Marshall thus encouraged, through constitutional sanction, the emergence of the relatively unregulated private, autonomous economic actor as the major participant in a liberal political economy that served the commonwealth by promoting enlightened self interest": Alfred F. Konefsky, "Dartmouth College v. Woodward" in Hall, The Oxford Compa.
Book number 65418