take his estate instead of his heir. Little, probably, did he think, at
that time, that the legislature would ever take away this property and
these privileges, and give them to others. Little did he suppose that this
charter secured to him and his successors no legal rights. Little did the
other donors think so. If they had, the college would have been, what the
university is now, a thing upon paper, existing only in name.

The numerous academies in New England have been established substantially
in the same manner. They hold their property by the same tenure, and no
other. Nor has Harvard College any surer title than Dartmouth College. It
may to-day have more friends; but to-morrow it may have more enemies. Its
legal rights are the same. So also of Yale College; and, indeed, of all
the others. When the legislature gives to these institutions, it may and
does accompany its grants with such conditions as it pleases. The grant of
lands by the legislature of New Hampshire to Dartmouth College, in 1789,
was accompanied with various conditions. When donations are made, by the
legislature or others, to a charity already existing, without any
condition, or the specification of any new use, the donation follows the
nature of the charity. Hence the doctrine, that all eleemosynary
corporations are private bodies. They are founded by private persons, and
on private property. The public cannot be charitable in these
institutions. It is not the money of the public, but of private persons,
which is dispensed. It may be public, that is general, in its uses and
advantages; and the State may very laudably add contributions of its own
to the funds; but it is still private in the tenure of the property, and
in the right of administering the funds.

The charter declares that the powers conferred on the trustees are
"privileges, advantages, liberties, and immunities"; and that they shall
be for ever holden by them and their successors. The New Hampshire Bill of