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
It cannot be necessary to say much in refutation of the idea, that
there cannot be a legal interest, or ownership, in any thing which does
not yield a pecuniary profit; as if the law regarded no rights but the
rights of money, and of visible, tangible property. Of what nature are
all rights of suffrage? No elector has a particular personal interest;
but each has a legal right, to be exercised at his own discretion, and
it cannot be taken away from him. The exercise of this right directly
and very materially affects the public; much more so than the exercise
of the privileges of a trustee of this college. Consequences of the
utmost magnitude may sometimes depend on the exercise of the right of
suffrage by one or a few electors. Nobody was ever yet heard to
contend, however, that on that account the public might take away the
right, or impair it. This notion appears to be borrowed from no better
source than the repudiated doctrine of the three judges in the
Aylesbury case. The doctrine having been exploded for a century, seems
now for the first time to be revived.
Individuals have a right to use their own property for purposes of
benevolence, either towards the public, or towards other individuals.
They have a right to exercise this benevolence in such lawful manner as
they may choose; and when the government has induced and excited it, by
contracting to give perpetuity to the stipulated manner of exercising
it, it is not law, but violence, to rescind this contract, and seize on
the property. Whether the State will grant these franchises, and under
what conditions it will grant them, it decides for itself. But when
once granted, the constitution holds them to be sacred, till forfeited
for just cause.
Public-domain text, read in full here on John Shaqi.
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