[Daniel Webster by Henry Cabot Lodge]@TWC D-Link bookDaniel Webster CHAPTER III 32/53
He did all that was possible; prepared himself elaborately in the law and history of the case, and then went into court ready to make the wisest possible move by asking for a re-argument. Marshall, however, was also quite prepared.
Turning his "blind ear," as some one said, to Pinkney, he announced, as soon as he took his seat, that the judges had come to a conclusion during the vacation.
He then read one of his great opinions, in which he held that the college charter was a contract within the meaning of the Constitution, and that the acts of the New Hampshire Legislature impaired this contract, and were therefore void. To this decision four judges assented in silence, although Story and Washington subsequently wrote out opinions.
Judge Todd was absent, through illness, and Judge Duvall dissented.
The immediate effect of the decision was to leave the college in the hands of the victorious Federalists.
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