Select Speeches of Daniel Webster, 1817-1845Webster, Daniel
General
Select Speeches of Daniel Webster, 1817-1845
Webster, Daniel
Speeches, addresses, etc., American
It can make no difference whether the legislature exercise the power it
has assumed by removing the trustees and the president and professors,
directly and by name, or by appointing others to expel them. The
principle is the same, and in point of fact the result has been the
same. If the entire franchise cannot be taken away, neither can it be
essentially impaired. If the trustees are legal owners of the property,
they are sole owners. If they are visitors, they are sole visitors. No
one will be found to say, that, if the legislature may do what it has
done, it may not do any thing and every thing which it may choose to
do, relative to the property of the corporation, and the privileges of
its members and officers.
If the view which has been taken of this question be at all correct,
this was an eleemosynary corporation, a private charity. The property
was private property. The trustees were visitors, and the right to hold
the charter, administer the funds, and visit and govern the college,
was a franchise and privilege, solemnly granted to them. The use being
public in no way diminishes their legal estate in the property, or
their title to the franchise. There is no principle, nor any case,
which declares that a gift to such a corporation is a gift to the
public. The acts in question violate property. They take away
privileges, immunities, and franchises. They deny to the trustees the
protection of the law; and they are retrospective in their operation.
In all which respects they are against the constitution of New
Hampshire.
The plaintiffs contend, in the second place, that the acts in question
are repugnant to the tenth section of the first article of the
Constitution of the United States. The material words of that section
are: "No State shall pass any bill of attainder, _ex post facto_ law,
or law impairing the obligation of contracts."
Public-domain text, read in full here on John Shaqi.
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