There are prohibitions in the Constitution and Bill of Rights of New
Hampshire, introduced for the purpose of limiting the legislative power
and protecting the rights and property of the citizens. One prohibition
is, "that no person shall be deprived of his property, immunities, or
privileges, put out of the protection of the law, or deprived of his life,
liberty, or estate, but by judgment of his peers or the law of the land."

In the opinion, however, which was given in the court below, it is denied
that the trustees under the charter had any property, immunity, liberty,
or privilege in this corporation, within the meaning of this prohibition
in the Bill of Rights. It is said that it is a public corporation and
public property; that the trustees have no greater interest in it than any
other individuals; that it is not private property, which they can sell or
transmit to their heirs, and that therefore they have no interest in it;
that their office is a public trust, like that of the Governor or a judge,
and that they have no more concern in the property of the college than the
Governor in the property of the State, or than the judges in the fines
which they impose on the culprits at their bar; that it is nothing to them
whether their powers shall be extended or lessened, any more than it is to
their honors whether their jurisdiction shall be enlarged or diminished.
It is necessary, therefore, to inquire into the true nature and character
of the corporation which was created by the charter of 1769.

There are divers sorts of corporations; and it may be safely admitted that
the legislature has more power over some than others. Some corporations
are for government and political arrangement; such, for example, as
cities, counties, and towns in New England. These may be changed and
modified as public convenience may require, due regard being always had to
the rights of property. Of such corporations, all who live within the