Select Speeches of Daniel Webster, 1817-1845Webster, Daniel
General
Select Speeches of Daniel Webster, 1817-1845
Webster, Daniel
Speeches, addresses, etc., American
The State of Vermont is a principal donor to Dartmouth College. The
lands given lie in that State. This appears in the special verdict. Is
Vermont to be considered as having intended a gift to the State of New
Hampshire in this case, as, it has been said, is to be the reasonable
construction of all donations to the college? The legislature of New
Hampshire affects to represent the public, and therefore claims a right
to control all property destined to public use. What hinders Vermont
from considering herself equally the representative of the public, and
from resuming her grants, at her own pleasure? Her right to do so is
less doubtful than the power of New Hampshire to pass the laws in
question. I hope enough has been said to show that the trustees
possessed vested liberties, privileges, and immunities, under this
charter; and that such liberties, privileges, and immunities, being
once lawfully obtained and vested, are as inviolable as any vested
rights of property whatever. Rights to do certain acts, such, for
instance, as the visitation and superintendence of a college and the
appointment of its officers, may surely be vested rights, to all legal
intents, as completely as the right to possess property. A late learned
judge of this court has said, "When I say that a _right_ is vested in a
citizen, I mean that he has the power to do _certain actions_, or to
possess _certain things_, according to the law of the land."
If such be the true nature of the plaintiffs' interests under this
charter, what are the articles in the New Hampshire Bill of Rights
which these acts infringe?
They infringe the second article; which says, that the citizens of the
State have a right to hold and possess property. The plaintiffs had a
legal property in this charter; and they had acquired property under
it. The acts deprive them of both. They impair and take away the
charter; and they appropriate the property to new uses, against their
consent. The plaintiffs cannot now hold the property acquired by
themselves, and which this article says they have a right to hold.
They infringe the twentieth article. By that article it is declared
that, in questions of property, there is a right to trial. The
plaintiffs are divested, without trial or judgment.
Public-domain text, read in full here on John Shaqi.
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