charter _amended_.

The question made in the case was, whether those acts of the legislature
were valid and binding upon the corporation, without their acceptance or
assent, and not repugnant to the Constitution of the United States. If
so, the verdict found for the defendants; otherwise, it found for the
plaintiffs.

The cause was continued to the September term of the court in Rockingham
County, where it was argued; and at the November term of the same year,
in Grafton County, the opinion of the court was delivered by Chief
Justice Richardson, in favor of the validity and constitutionality of
the acts of the legislature; and judgment was accordingly entered for
the defendant on the special verdict.

Thereupon a writ of error was sued out by the original plaintiffs, to
remove the cause to the Supreme Court of the United States; where it was
entered at the term of the court holden at Washington on the first
Monday of February, 1818.

The cause came on for argument on the 10th day of March, 1818, before
all the judges. It was argued by Mr. Webster and Mr. Hopkinson for the
plaintiffs in error, and by Mr. Holmes and the Attorney-General (Wirt)
for the defendant in error.

At the term of the court holden in February, 1819, the opinion of the
judges was delivered by Chief Justice Marshall, declaring the acts of
the legislature unconstitutional and invalid, and reversing the judgment
of the State Court. The court, with the exception of Mr. Justice Duvall,
were unanimous.

The following was the argument of Mr. Webster for the plaintiffs in
error.]

The general question is, whether the acts of the legislature of New
Hampshire of the 27th of June, and of the 18th and 26th of December,
1816, are valid and binding on the plaintiffs, _without their acceptance
or assent_.

The charter of 1769 created and established a corporation, to consist of
twelve persons, and no more; to be called the "Trustees of Dartmouth
College." The preamble to the charter recites, that it is granted on the
application and request of the Rev. Eleazer Wheelock: That Dr. Wheelock,
about the year 1754, established a charity school, at his own expense,
and on his own estate and plantation: That for several years, through
the assistance of well-disposed persons in America, granted at his
solicitation, he had clothed, maintained, and educated a number of
native Indians, and employed them afterwards as missionaries and
schoolmasters among the savage