is fixed and determined; and the court has no power to vary it. If the
governors established for the regulation of it are not those who have the
management of the revenue, this court has no jurisdiction, and if it is
ever so much abused, as far as it respects the jurisdiction of this court
it is without remedy; but if those established as governors have also the
management of the revenues, this court does assume a jurisdiction of
necessity, so far as they are to be considered as trustees of the
revenue."

"The foundations of colleges," says Lord Mansfield, "are to be considered
in two views; namely, as they are _corporations_ and as they are
_eleemosynary_. As eleemosynary, they are the creatures of the
founder; he may delegate his power, either generally or specially; he may
prescribe particular modes and manners, as to the exercise of part of it."

In New England, and perhaps throughout the United States, eleemosynary
corporations have been generally established by incorporating governors,
or trustees, and vesting in them the right of visitation. The case before
the court is clearly that of an eleemosynary corporation. It is, in the
strictest legal sense, a private charity. In _King v. St. Catherine's
Hall_, that college is called a private eleemosynary lay corporation.
It was endowed by a private founder, and incorporated by letters patent.
And in the same manner was Dartmouth College founded and incorporated. Dr.
Wheelock is declared by the charter to be its founder. It was established
by him, or funds contributed and collected by himself.

As such founder, he had a right of visitation, which he assigned to the
trustees, and they received it by his consent and appointment, and held it
under the charter. He appointed these trustees visitors, and in that
respect to take place of his heir; as he might have appointed devisees, to