Much has heretofore been said on the necessity of admitting such a power in the legislature as has been assumed in this case.  Many cases of possible evil have been imagined, which might otherwise be without remedy.  Abuses, it is contended, might arise in the management of such institutions, which the ordinary courts of law would be unable to correct.  But this is only another instance of that habit of supposing extreme cases, and then of reasoning from them, which is the constant refuge of those who are obliged to defend a cause, which, upon its merits, is indefensible.  It would be sufficient to say in answer, that it is not pretended that there was here any such case of necessity.  But a still more satisfactory answer is, that the apprehension of danger is groundless, and therefore the whole argument fails.  Experience has not taught us that there is danger of great evils or of great inconvenience from this source.  Hitherto, neither in our own country nor elsewhere have such cases of necessity occurred.  The judicial establishments of the State are presumed to be competent to prevent abuses and violations of trust, in cases of this kind, as well as in all others.  If they be not, they are imperfect, and their amendment would be a most proper subject for legislative wisdom.  Under the government and protection of the general laws of the land, these institutions have always been found safe, as well as useful.  They go on, with the progress of society, accommodating themselves easily, without sudden change or violence, to the alterations which take place in its condition, and in the knowledge, the habits, and pursuits of men.  The English colleges were founded in Catholic ages.  Their religion was reformed with the general reformation of the nation; and they are suited perfectly well to the purpose of educating the Protestant youth of modern times.  Dartmouth College was established under a charter granted by the Provincial government; but a better constitution for a college, or one more adapted to the condition of things under the present government, in all material respects, could not now be framed.  Nothing in it was found to need alteration at the Revolution.  The wise men of that day saw in it one of the best hopes of future times, and commended it as it was, with parental care, to the protection and guardianship of the government of the State.  A charter of more liberal sentiments, of wiser provisions, drawn with more care, or in a better spirit, could not be expected at any time or from any source.  The college needed no change in its organization or government.  That which it did need was the kindness, the patronage, the bounty of the legislature; not a mock elevation to the character of a university, without the solid benefit of a shilling’s donation to sustain the character; not the swelling and empty authority of establishing institutes and other colleges.  This unsubstantial pageantry would seem to have been in derision of the scanty endowment and limited means of an unobtrusive, but useful and growing seminary.  Least of all was there a necessity, or pretence of necessity, to infringe its legal rights, violate its franchises and privileges, and pour upon it these overwhelming streams of litigation.