That arrangement failed, and in 1869, the trustees voted to consolidate the two campuses in Washington.[3]
Shortly thereafter, a number of Canonsburg residents and dissident trustees of Jefferson College sued, claiming that the consolidation was unconstitutional.[1] They argued that the original 1802 charter for Jefferson College had been illegally usurped in the process.[1]
Specifically, they argued that the provision in the Jefferson College Charter that it "shall not be altered or alterable by any ordinance or law of the said trustees, nor in any other manner than by an act of the legislature of the Commonwealth" prohibited such a move.[4] Their lawsuit went to the Pennsylvania Supreme Court. It ruled, on January 3, 1870, that the consolidation had been done in a legal manner.[1][5] The Jefferson College partisans appealed to the United States Supreme Court, saying that the consolidation had been contrary to the United States Constitution.[1] The court ruled otherwise, and upheld the consolidation in a December 1871 opinion written by Justice Nathan Clifford.[1][6]