726 Documents upon his trial by a resolution of the South Carolina House of Rep- resentatives, passed December 7, 1831, "That in the opinion of this House it is expedient that the board of trustees of the South Carolina College do forthwith investigate the conduct of Doctor Cooper as president of the South Carolina College, and if they find that his continuance in office defeats the ends and aims of the in- stitution that they be requested to remove him." This prosecution explains the last letter here printed. Though the board exonerated the doctor, after a brilliant defense on his part, he was forced to resign in 1834 and died in 1840.' It was in 1825, apparently, that he began his efforts to secure the repayment of the fine of 1800. His petition of February, 1825, a well-written document,- argued forcibly that there was no libel in the newspaper statements for which he had been prose- cuted, and that the Sedition Act of 1798 was unconstitutional. It was referred in the Senate to a select committee, of which Senator Dickerson was chairman, and which reported favorably.' In 1826 an adverse report was made by the Judiciary Committee of the House. ^ In 1832, 1834, 1836 and 1838 the Committee brought in a favorable report with a bill for repayment of the fine with in- terest." But no restitution was made during Dr. Cooper's life- time." I. CoLrMBi. Tuesday iS Jan. 1S25 Dear Sir I am obliged to Mr Gaillard ' for the documents he has sent which are very acceptable. I sent you the beginning of this month a petition hastily drawn up, 1 See Dr. Colyer Meriwether's History of Higher EJucalion in South Carolina, pp. 143-156. 2 It is printed as Senate Document No. 30, Eighteenth Congress, second session ; in each of the reports mentioned in the third note below ; and at the end of Cooper's Two Essays : i. On the Foundation of Civil Government ; 2. On the Constitution of the United States, Columbia, 1S26. 3 Senate Document No. 38, Eighteenth Congress, second session. 'House Report No. 16, Nineteenth Congress, first session. ^Reports of Committees, No. 244, Twenty-second Congress, first session ; No. 473, Twenty-third Congress, first session ; No. 303, Twenty-fourth Congress, first session ; No. 343, Twenty-fifth Congress, second session.
- It is sometimes said that the fine was repaid to Cooper ; but I find no such act of
Congress, and in 1847 and 1850 Cooper's executor is still petitioning. House Report No. 37, Twenty-ninth Congress, second session ; No. II, Thirty -first Congress, first session. ' John Gaillard, senator from South Carolina, and president /to tetiipore of the Senate in this and several preceding Congresses. The other senator at this time was Robert Y. Hayne. The Carolina congressmen mentioned below were George McDuffie, James Hamilton, jr., Joel R. Poinsett, Joseph Gist, Starling Tucker, and John Wilson.
