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repealed a grant to its university, unconstitutional and void, the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.
It was for many and obvious reasons most anxiously desired that the
question of the power of the legislature over this charter should have
been finally decided in the State court. An earnest hope was
entertained that the judges of the court might have viewed the case in a
light favorable to the rights of the trustees. That hope has failed. It
is here that those rights are now to be maintained, or they are
prostrated for ever. "Omnia alia perfugia bonorum, subsidia, consilia,
auxilia, jura ceciderunt. Quem enim alium appellem? quem obtester? quem
implorem? Nisi hoc loco, nisi apud vos, nisi per vos, judices, salutem
nostram, quae spe exigua extremaque pendet, tenuerimus; nihil est
praeterea quo confugere possimus.
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