From Disestablishment to Dartmouth College v. Woodward: How Virginia's Fight over Religious Freedom Shaped the History of American Corporations

This article clarifies the precise connection between two early national Supreme Court decisions, little-known Terrett v. Taylor (1815) and landmark Dartmouth College Woodward (1819). The missing link these cases is incorporation. Both disputes arose in turmoil of post-Revolutionary disestablishment as state legislatures directly challenged rights colonial corporations. While had been incorporated by a royal charter New Hampshire, litigant Terrett, parish vestry, under common law Virginia. After Revolution, Virginia's legislature disestablished Anglican Church, disregarded its customary incorporation, revoked post-revolutionary act seized property. These radical policies set Virginia apart from other states made critical litmus test for all John Marshall opposed while serving delegate legislature, his views on issues prefigured opinion College. highest court upheld lawful, but US Court's rejected them unconstitutional Terret. ruling significant precedent standing private corporations vis-a-vis laid groundwork decision