her a summary mode of settling a question of constitutional right.
Not only are new trustees forced into the corporation, but new trusts
and uses are created. The college is turned into a university. Power is
given to create new colleges, and, to authorize any diversion of the
funds which may be agreeable to the new boards, sufficient latitude is
given by the undefined power of establishing an institute. To these new
colleges, and this institute, the funds contributed by the founder, Dr.
Wheelock, and by the original donors, the Earl of Dartmouth and others,
are to be applied, in plain and manifest disregard of the uses to which
they were given.

The president, one of the old trustees, had a right to his office,
salary, and emoluments, subject to the twelve trustees alone. His title
to these is now changed, and he is made accountable to new masters. So
also all the professors and tutors. If the legislature can at pleasure
make these alterations and changes in the rights and privileges of the
plaintiffs, it may, with equal propriety, abolish these rights and
privileges altogether. The same power which can do any part of this work
can accomplish the whole. And, indeed, the argument on which these acts
have been hitherto defended goes altogether on the ground, that this is
such a corporation as the legislature may abolish at pleasure; and that
its members have no _rights, liberties, franchises, property, or
privileges_, which the legislature may not revoke, annul, alienate, or
transfer to others, whenever it sees fit.

It will be contended by the plaintiffs, that these acts are not valid
and binding on them without their assent,--

1. Because they are against common right, and the Constitution of New
Hampshire.

2. Because they are repugnant to the Constitution of the United States.

I am aware of the limits which bound the jurisdiction of the court in
this case, and that on this record nothing can be decided but the single
question, whether these acts are repugnant to the Constitution of the
United States. Yet it may assist in forming an opinion of their true
nature and character to compare them with those fundamental principles
introduced into the State governments for the purpose of limiting the
exercise of the legislative power, and which the Constitution of New
Hampshire expresses with great fulness and accuracy.

It is not too much to assert, that the legislature of New Hampshire
would not have been competent t