Select Speeches of Daniel Webster, 1817-1845Webster, Daniel
General
Select Speeches of Daniel Webster, 1817-1845
Webster, Daniel
Speeches, addresses, etc., American
It has already been decided in this court, that a _grant_ is a
contract, within the meaning of this provision; and that a grant by a
State is also a contract, as much as the grant of an individual. In the
case of _Fletcher v. Peck_, this court says: "A contract is a compact
between two or more parties, and is either executory or executed. An
executory contract is one in which a party binds himself to do, or not
to do, a particular thing; such was the law under which the conveyance
was made by the government. A contract executed is one in which the
object of contract is performed; and this, says Blackstone, differs in
nothing from a grant. The contract between Georgia and the purchasers
was executed by the grant. A contract executed, as well as one which is
executory, contains obligations binding on the parties. A grant, in its
own nature, amounts to an extinguishment of the right of the grantor,
and implies a contract not to reassert that right. If, under a fair
construction of the Constitution, grants are comprehended under the
term contracts, is a grant from the State excluded from the operation
of the provision? Is the clause to be considered as inhibiting the
State from impairing the obligation of contracts between two
individuals, but as excluding from that inhibition contracts made with
itself? The words themselves contain no such distinction. They are
general, and are applicable to contracts of every description. If
contracts made with the State are to be exempted from their operation,
the exception must arise from the character of the contracting party,
not from the words which are employed. Whatever respect might have been
felt for the State sovereignties, it is not to be disguised that the
framers of the Constitution viewed with some apprehension the violent
acts which might grow out of the feelings of the moment; and that the
people of the United States, in adopting that instrument, have
manifested a determination to shield themselves and their property from
the effects of those sudden and strong passions to which men are
exposed. The restrictions on the legislative power of the States are
obviously founded in this sentiment; and the Constitution of the United
States contains what may be deemed a bill of rights for the people of
each State."
Public-domain text, read in full here on John Shaqi.
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