Select Speeches of Daniel Webster, 1817-1845Webster, Daniel
General
Select Speeches of Daniel Webster, 1817-1845
Webster, Daniel
Speeches, addresses, etc., American
The privilege, then, of being a member of a corporation, under a lawful
grant, and of exercising the rights and powers of such member, is such
a privilege, _liberty_, or _franchise_, as has been the object of legal
protection, and the subject of a legal interest, from the time of Magna
Charta to the present moment. The plaintiffs have such an interest in
this corporation, individually, as they could assert and maintain in a
court of law, not as agents of the public, but in their own right. Each
trustee has a _franchise_, and if he be disturbed in the enjoyment of
it, he would have redress, on appealing to the law, as promptly as for
any other injury. If the other trustees should conspire against any one
of them to prevent his equal right and voice in the appointment of a
president or professor, or in the passing of any statute or ordinance
of the college, he would be entitled to his action, for depriving him
of his franchise. It makes no difference, that this property is to be
holden and administered, and these franchises exercised, for the
purpose of diffusing learning. No principle and no case establishes any
such distinction. The public may be benefited by the use of this
property. But this does not change the nature of the property, or the
rights of the owners. The object of the charter may be public good; so
it is in all other corporations; and this would as well justify the
resumption or violation of the grant in any other case as in this. In
the case of an advowson, the use is public, and the right cannot be
turned to any private benefit or emolument. It is nevertheless a legal
private right, and the _property_ of the owner, as emphatically as his
freehold. The rights and privileges of trustees, visitors, or governors
of incorporated colleges, stand on the same foundation. They are so
considered, both by Lord Holt and Lord Hardwicke.
To contend that the rights of the plaintiffs may be taken away, because
they derive from them no pecuniary benefit or private emolument, or
because they cannot be transmitted to their heirs, or would not be
assets to pay their debts, is taking an extremely narrow view of the
subject. According to this notion, the case would be different, if, in
the charter, they had stipulated for a commission on the disbursement
of the funds; and they have ceased to have any interest in the
property, because they have undertaken to administer it gratuitously.
Public-domain text, read in full here on John Shaqi.
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