Legislators -- United States -- Biography; United States -- Politics and government -- 1815-1861; Webster, Daniel, 1782-1852
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. These cases, in accordance
with his suggestion, were begun, but before they came on in the Circuit
Court, Mr. Webster made his great effort in Washington. Three quarters of
his legal argument were there devoted to the points in the Circuit Court
cases, which were not in any way before the Supreme Court in the College
vs. Woodward. So little, indeed, did Mr. Webster think of the great
constitutional question which has made the case famous, that he forced the
other points in where he admitted that they had no proper standing, and
argued them at length. They were touched upon by Marshall, who, however,
decided wholly upon the constitutional question, and they were all thrown
aside by Judge Washington, who declared them irrelevant, and rested his
decision solely and properly on the constitutional point. Two months after
his Washington argument, Mr. Webster, still urging forward the Circuit
Court cases, wrote to Mr. Mason that all the questions must be brought
properly before the Supreme Court, and that, on the "general principle"
that the State Legislature could not divest vested rights, strengthened by
the constitutional provisions of New Hampshire, he was sure they could
defeat their adversaries. Thus this doctrine of "impairing the obligation
of contracts," which produced a decision in its effects more far-reaching
and of more general interest than perhaps any other ever made in this
country, was imported into the case at the suggestion of laymen, was little
esteemed by counsel, and was comparatively neglected in every argument.
Public-domain text, read in full here on John Shaqi.
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