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."

After the institution thus created and constituted had existed,
uninterruptedly and usefully, nearly fifty years, the legislature of New
Hampshire passed the acts in question.

The first act makes the twelve trustees under the charter, and nine other
individuals, to be appointed by the Governor and Council, a corporation,
by a new name; and to this new corporation transfers all the _property,
rights, powers, liberties, and privileges_ of the old corporation; with
further power to establish new colleges and an institute, and to apply all
or any part of the funds to these purposes; subject to the power and
control of a board of twenty-five overseers, to be appointed by the
Governor and Council.

The second act makes further provisions for executing the objects of the
first, and the last act authorizes the defendant, the treasurer of the
plaintiffs, to retain and hold their property, against their will.

If these acts are valid, the old corporation is abolished, and a new one
created. The first act does, in fact, if it can have any effect, create a
new corporation, and transfer to it all the property and franchises of the