But this argument from necessity would equally apply in all other cases.  If it be well founded, it would prove, that, whenever any inconvenience or evil is experienced from the restrictions imposed on the legislature by the Constitution, these restrictions ought to be disregarded.  It is enough to say, that the people have thought otherwise.  They have, most wisely, chosen to take the risk of occasional inconvenience from the want of power, in order that there might be a settled limit to its exercise, and a permanent security against its abuse.  They have imposed prohibitions and restraints; and they have not rendered these altogether vain and nugatory by conferring the power of dispensation.  If inconvenience should arise which the legislature cannot remedy under the power conferred upon it, it is not answerable for such inconvenience.  That which it cannot do within the limits prescribed to it, it cannot do at all.  No legislature in this country is able, and may the time never come when it shall be able, to apply to itself the memorable expression of a Roman pontiff:  “Licet hoc de jure non possumus, volumus tamen de plenitudine potestatis.”

The case before the court is not of ordinary importance, nor of every-day occurrence.  It affects not this college only, but every college, and all the literary institutions of the country.  They have nourished hitherto, and have become in a high degree respectable and useful to the community.  They have all a common principle of existence, the inviolability of their charters.  It will be a dangerous, a most dangerous experiment, to hold these institutions subject to the rise and fall of popular parties, and the fluctuations of political opinions.  If the franchise may be at any time taken away, or impaired, the property also may be taken away, or its use perverted.  Benefactors will have no certainty of effecting the object of their bounty; and learned men will be deterred from devoting themselves to the service of such institutions, from the precarious title of their offices.  Colleges and halls will be deserted by all better spirits, and become a theatre for the contentions of politics.  Party and faction will be cherished in the places consecrated to piety and learning.  These consequences are neither remote nor possible only.  They are certain and immediate.

When the court in North Carolina declared the law of the State, which repealed a grant to its university, unconstitutional and void, the legislature had the candor and the wisdom to repeal the law.  This example, so honorable to the State which exhibited it, is most fit to be followed on this occasion.  And there is good reason to hope that a State, which has hitherto been so much distinguished for temperate counsels, cautious legislation, and regard to law, will not fail to adopt a course which will accord with her highest and best interests, and in no small degree elevate her reputation.