Select Speeches of Daniel Webster, 1817-1845 — John Shaqi
Select Speeches of Daniel Webster, 1817-1845Webster, Daniel
General
Select Speeches of Daniel Webster, 1817-1845
Webster, Daniel
Speeches, addresses, etc., American
The legislature of New Hampshire has no more power over the rights of
the plaintiffs than existed somewhere, in some department of
government, before the Revolution. The British Parliament could not
have annulled or revoked this grant as an act of ordinary legislation.
If it had done it at all, it could only have been in virtue of that
sovereign power, called omnipotent, which does not belong to any
legislature in the United States. The legislature of New Hampshire has
the same power over this charter which belonged to the king who granted
it, and no more. By the law of England, the power to create
corporations is a part of the royal prerogative. By the Revolution,
this power may be considered as having devolved on the legislature of
the State, and it has accordingly been exercised by the legislature.
But the king cannot abolish a corporation, or new-model it, or alter
its powers, without its assent. This is the acknowledged and well-known
doctrine of the common law.
There are prohibitions in the Constitution and Bill of Rights of New
Hampshire, introduced for the purpose of limiting the legislative power
and protecting the rights and property of the citizens. One prohibition
is, "that no person shall be deprived of his property, immunities, or
privileges, put out of the protection of the law, or deprived of his
life, liberty, or estate, but by judgment of his peers or the law of
the land."
In the opinion, however, which was given in the court below, it is
denied that the trustees under the charter had any property, immunity,
liberty, or privilege in this corporation, within the meaning of this
prohibition in the Bill of Rights. It is said that it is a public
corporation and public property; that the trustees have no greater
interest in it than any other individuals; that it is not private
property, which they can sell or transmit to their heirs, and that
therefore they have no interest in it; that their office is a public
trust, like that of the Governor or a judge, and that they have no more
concern in the property of the college than the Governor in the
property of the State, or than the judges in the fines which they
impose on the culprits at their bar; that it is nothing to them whether
their powers shall be extended or lessened, any more than it is to
their honors whether their jurisdiction shall be enlarged or
diminished. It is necessary, therefore, to inquire into the true nature
and character of the corporation which was created by the charter of
1769.
Public-domain text, read in full here on John Shaqi.
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