John Marshall and the Constitution, a Chronicle of the Supreme CourtCorwin, Edward Samuel
History
John Marshall and the Constitution, a Chronicle of the Supreme Court
Corwin, Edward Samuel
Constitutional history -- United States; Marshall, John, 1755-1835; United States. Supreme Court
The attorneys of the College before the Superior Court were Jeremiah
Mason, one of the best lawyers of the day, Jeremiah Smith, a former
Chief Justice of New Hampshire, and Daniel Webster. These three able
lawyers argued that the amending act exceeded "the rightful ends of
legislative power," violated the principle of the separation of powers,
and deprived the trustees of their "privileges and immunities" contrary
to the "law of the land" clause of the State Constitution, and impaired
the obligation of contracts. The last contention stirred Woodward's
attorneys, Bartlett and Sullivan, to ridicule. "By the same reasoning,"
said the latter, "every law must be considered in the nature of a
contract, until the Legislature would find themselves in such a
labyrinth of contracts, with the United States Constitution over their
heads, that not a subject would be left within their jurisdiction"; the
argument was an expedient of desperation, he said, a "last straw." The
principal contention advanced in behalf of the Act was that the College
was "a public corporation," whose "various powers, capacities, and
franchises all ... were to be exercised for the benefit of the public,"
and were therefore subject to public control. And the Court, in
sustaining the Act, rested its decision on the same ground. Chief
Justice Richardson conceded the doctrine of Fletcher vs. Peck, that the
obligation of contracts clause "embraced all contracts relating to
private property, whether executed or executory, and whether between
individuals, between States, or between States and individuals," but, he
urged, "a distinction is to be taken between particular grants by the
Legislature of property or privileges to individuals for their own
benefit, and grants of power and authority to be exercised for public
purposes." Its public character, in short, left the College and its
holdings at the disposal of the Legislature.
Of the later proceedings, involving the appeal to Washington and the
argument before Marshall, early in March, 1818, tradition has made
Webster the central and compelling figure, and to the words which it
assigns him in closing his address before the Court has largely been
attributed the great legal triumph which presently followed. The story
is, at least, so well found that the chronicler of Dartmouth College vs.
Woodward who should venture to omit it must be a bold man indeed.
Public-domain text, read in full here on John Shaqi.
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