| Abstract: | One of the important features of American history has been the availability of higher education. Religious toleration, low capitalization costs, few educational impediments, public interest and commitment, and ready corporate status made the foundation of colleges and universities a common event in early nineteenth-century America. 1 By the time of the Revolution Americans had founded ten colleges; by 1800, twenty-four; by 1820, thirty-eight; and by the Civil War, 232, of which 104 have survived. 2 Although the earliest colleges had religious affiliations, with the founding of the University of Georgia in 1785, states also began providing directly for higher education. But the creation of these institutions led to disputes within them over curricula and governance. How the U.S. Supreme Court dealt with a seemingly minor political dispute involving the governance of a small New Hampshire college would determine not only that college's relationship to state and federal government, but also that of all other corporations. 3 |
