Select Speeches of Daniel Webster, 1817-1845Webster, Daniel
General
Select Speeches of Daniel Webster, 1817-1845
Webster, Daniel
Speeches, addresses, etc., American
that the effect of these acts was not entirely to abolish the old
corporation, yet it is manifest that they impair and invade the rights,
property, and powers of the trustees under the charter, as a
corporation, and the legal rights, privileges, and immunities which
belong to them, as individual members of the corporation.
The twelve trustees were the _sole_ legal owners of all the property
acquired under the charter. By the acts, others are admitted, against
_their_ will, to be joint owners. The twelve individuals who are
trustees were possessed of all the franchises and immunities conferred
by the charter. By the acts, _nine_ other trustees and _twenty-five_
overseers are admitted, against their will, to divide these franchises
and immunities with them.
If, either as a corporation or as individuals, they have any legal
rights, this forcible intrusion of others violates those rights, as
manifestly as an entire and complete ouster and dispossession. These
acts alter the whole constitution of the corporation. They affect the
rights of the whole body as a corporation, and the rights of the
individuals who compose it. They revoke corporate powers and
franchises. They alienate and transfer the property of the college to
others. By the charter, the trustees had a right to fill vacancies in
their own number. This is now taken away. They were to consist of
twelve, and, by express provision, of no more. This is altered. They
and their successors, appointed by themselves, were for ever to hold
the property. The legislature has found successors for them, before
their seats are vacant. The powers and privileges which the twelve were
to exercise exclusively, are now to be exercised by others. By one of
the acts, they are subjected to heavy penalties if they exercise their
offices, or any of those powers and privileges granted them by charter,
and which they had exercised for fifty years. They are to be punished
for not accepting the new grant and taking its benefits. This, it must
be confessed, is rather a summary mode of settling a question of
constitutional right. Not only are new trustees forced into the
corporation, but new trusts and uses are created. The college is turned
into a university. Power is given to create new colleges, and, to
authorize any diversion of the funds which may be agreeable to the new
boards, sufficient latitude is given by the undefined power of
establishing an institute. To these new colleges, and this institute,
the funds contributed by the founder, Dr. Wheelock, and by the original
donors, the Earl of Dartmouth and others, are to be applied, in plain
and manifest disregard of the uses to which they were given.
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