Select Speeches of Daniel Webster, 1817-1845Webster, Daniel
General
Select Speeches of Daniel Webster, 1817-1845
Webster, Daniel
Speeches, addresses, etc., American
They infringe the twenty-third article. It is therein declared that no
retrospective laws shall be passed. This article bears directly on the
case. These acts must be deemed to be retrospective, within the settled
construction of that term. What a retrospective law is, has been
decided, on the construction of this very article, in the Circuit Court
for the First Circuit, The learned judge of that circuit says: "Every
statute which takes away or impairs vested rights, acquired under
existing laws, must be deemed retrospective." That all such laws are
retrospective was decided also in the case of _Dash v. Van Kleek_,
where a most learned judge quotes this article from the constitution of
New Hampshire, with manifest approbation, as a plain and clear
expression of those fundamental and unalterable principles of justice,
which must lie at the foundation of every free and just system of laws.
Can any man deny that the plaintiffs had rights, under the charter,
which were legally vested, and that by these acts those rights are
impaired?
"It is a principle in the English law," says Chief Justice Kent, in the
case last cited, "as ancient as the law itself, that a statute, even of
its omnipotent Parliament, is not to have a retrospective effect. 'Nova
constitutio futuris formam imponere debet, et non praeteritis.' The
maxim in Bracton was taken from the civil law, for we find in that
system the same principle, expressed substantially in the same words,
that the law-giver cannot alter his mind to the prejudice of a vested
right. 'Nemo potest mutare concilium suum in alterius injuriam.'"
These acts infringe also the thirty-seventh article of the constitution
of New Hampshire; which says, that the powers of government shall be
kept separate. By these acts, the legislature assumes to exercise a
judicial power. It declares a forfeiture, and resumes franchises, once
granted, without trial or hearing.
If the constitution be not altogether waste-paper, it has restrained
the power of the legislature in these particulars. If it has any
meaning, it is that the legislature shall pass no act directly and
manifestly impairing private property and private privileges. It shall
not judge by act. It shall not decide by act. It shall not deprive by
act. But it shall leave all these things to be tried and adjudged by
the law of the land.
Public-domain text, read in full here on John Shaqi.
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