Select Speeches of Daniel Webster, 1817-1845Webster, Daniel
General
Select Speeches of Daniel Webster, 1817-1845
Webster, Daniel
Speeches, addresses, etc., American
Nothing could have been less expected, in this age, than that there
should have been an attempt, by acts of the legislature, to take away
these college livings, the inadequate but the only support of literary
men who have devoted their lives to the instruction of youth. The
president and professors were appointed by the twelve trustees. They
were accountable to nobody else, and could be removed by nobody else.
They accepted their offices on this tenure. Yet the legislature has
appointed other persons, with power to remove these officers and to
deprive them of their livings; and those other persons have exercised
that power. No description of private property has been regarded as
more sacred than college livings. They are the estates and freeholds of
a most deserving class of men; of scholars who have consented to forego
the advantages of professional and public employments, and to devote
themselves to science and literature and the instruction of youth in
the quiet retreats of academic life. Whether to dispossess and oust
them; to deprive them of their office, and to turn them out of their
livings; to do this, not by the power of their legal visitors or
governors, but by acts of the legislature, and to do it without
forfeiture and without fault; whether all this be not in the highest
degree an indefensible and arbitrary proceeding, is a question of which
there would seem to be but one side fit for a lawyer or a scholar to
espouse.
If it could be made to appear that the trustees and the president and
professors held their offices and franchises during the pleasure of the
legislature, and that the property holden belonged to the State, then
indeed the legislature have done no more than they had a right to do.
But this is not so. The charter is a charter of privileges and
immunities; and these are holden by the trustees expressly against the
State for ever.
It is admitted that the State, by its courts of law, can enforce the
will of the donor, and compel a faithful execution of the trust. The
plaintiffs claim no exemption from legal responsibility. They hold
themselves at all times answerable to the law of the land, for their
conduct in the trust committed to them. They ask only to hold the
property of which they are owners, and the franchises which belong to
them, until they shall be found, by due course and process of law, to
have forfeited them.
Public-domain text, read in full here on John Shaqi.
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