This is called by Mr.
Shirley the "Parsons view," from the fact that it was largely drawn from an
argument made by Chief Justice Parsons in regard to visitatorial powers at
Harvard College. Briefly stated, the argument was that the college was an
institution founded by private persons for particular uses; that the
charter was given to perpetuate such uses; that misconduct of the trustees
was a question for the courts, and that the Legislature, by its
interference, transcended its powers. To these general principles,
strengthened by particular clauses in the Constitution of New Hampshire,
the counsel for the college trusted for victory. The theory of impairing
the obligation of contracts they introduced, but they did not insist on it,
or hope for much from it. On this point, however, and, of course, on this
alone, the case went up to the Supreme Court. In December, 1817, Mr.
Webster wrote to Mr. Mason, regretting that the case went up on "one point
only." He occupied himself at this time in devising cases which should
raise what he considered the really vital points, and which, coming within
the jurisdiction of the United States, could be taken to the Circuit Court,
and thence to the Supreme Court at Washington.
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