ial attention to one point in Mr.
Webster's argument. If, in the lapse of time, under the strong light
of careful research or elaborate criticism, all the other brilliant
colors of this remarkable fabric shall fade or vanish, this central
figure will remain forever, to illustrate the relations of the college
to the State.

"The State of Vermont is a principal donor to Dartmouth College. The
lands given lie in that State. This appears in the special verdict. Is
Vermont to be considered as having intended a gift to the State of New
Hampshire in this case, as, it has been said, is to be the reasonable
construction of all donations to the college? The Legislature of New
Hampshire affects to represent the public, and therefore claims a
right to control all property destined to public use. What hinders
Vermont from considering herself equally the representative of the
public, and from resuming her grants, at her own pleasure? Her right
to do so is less doubtful than the power of New Hampshire to pass the
laws in question."

Thus closed one of the most important contests in the history of
American jurisprudence.

Law, politics, literature, and religion combined to make it a subject
of national concern. The decision gave to a large class of chartered
institutions a security never enjoyed before. The lapse of more than
half a century enables us to consider the question calmly and
candidly, uninfluenced by interest, prejudice, or passion.

The case was attended with serious embarrassments. Neither counsel nor
court had thorough knowledge of the history of the school and the
college, and the relations of each to the other. Had they possessed
this knowledge, the line of argument in some respects would have been
very different, although perhaps with the same general results. More
than this, there were no precedents. Indeed, at that early day
questions of constitutional law had occupied very little of the
attention of the American courts.

There would have been embarrassment had the British Parliament, before
our Revolution, assumed the right to alter materially the Charter of
the college. Changes in chartered institutions in America, especially,
by that body, although within the scope of its power, were usually met
with the sternest protests. After the Revolution, there were wide
differences of opinion as to who had power over charters granted
antecedent to that event. In the case of Dartmouth's Charter any one
of several opi