Select Speeches of Daniel Webster, 1817-1845Webster, Daniel
General
Select Speeches of Daniel Webster, 1817-1845
Webster, Daniel
Speeches, addresses, etc., American
The president, one of the old trustees, had a right to his office,
salary, and emoluments, subject to the twelve trustees alone. His title
to these is now changed, and he is made accountable to new masters. So
also all the professors and tutors. If the legislature can at pleasure
make these alterations and changes in the rights and privileges of the
plaintiffs, it may, with equal propriety, abolish these rights and
privileges altogether. The same power which can do any part of this
work can accomplish the whole. And, indeed, the argument on which these
acts have been hitherto defended goes altogether on the ground, that
this is such a corporation as the legislature may abolish at pleasure;
and that its members have _no rights, liberties, franchises, property,
or privileges_, which the legislature may not revoke, annul, alienate,
or transfer to others, whenever it sees fit.
It will be contended by the plaintiffs, that these acts are not valid
and binding on them without their assent,--
1. Because they are against common right, and the Constitution of New
Hampshire.
2. Because they are repugnant to the Constitution of the United States.
I am aware of the limits which bound the jurisdiction of the court in
this case, and that on this record nothing can be decided but the
single question, whether these acts are repugnant to the Constitution
of the United States. Yet it may assist in forming an opinion of their
true nature and character to compare them with those fundamental
principles introduced into the State governments for the purpose of
limiting the exercise of the legislative power, and which the
Constitution of New Hampshire expresses with great fulness and accuracy.
It is not too much to assert, that the legislature of New Hampshire
would not have been competent to pass the acts in question, and to make
them binding on the plaintiffs without their assent, even if there had
been, in the Constitution of New Hampshire, or of the United States, no
special restriction on their power, because these acts are not the
exercise of a power properly legislative. Their effect and object are
to take away, from one, rights, property, and franchises, and to grant
them to another. This is not the exercise of a legislative power. To
justify the taking away of vested rights there must be a forfeiture, to
adjudge upon and declare which is the proper province of the judiciary.
Attainder and confiscation are acts of sovereign power, not acts of
legislation. The British Parliament, among other unlimited powers,
claims that of altering and vacating charters; not as an act of
ordinary legislation, but of uncontrolled authority. It is
theoretically omnipotent. Yet, in modern times, it has very rarely
attempted the exercise of this power.
Public-domain text, read in full here on John Shaqi.
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