Select Speeches of Daniel Webster, 1817-1845Webster, Daniel
General
Select Speeches of Daniel Webster, 1817-1845
Webster, Daniel
Speeches, addresses, etc., American
It also has been decided that a grant by a State before the Revolution
is as much to be protected as a grant since. But the case of _Terrett
v. Taylor_, before cited, is of all others most pertinent to the
present argument. Indeed, the judgment of the court in that case seems
to leave little to be argued or decided in this. "A private
corporation," say the court, "created by the legislature, may lose its
franchises by a _misuser_ or a _nonuser_ of them; and they may be
resumed by the government under a judicial judgment upon a _quo
warranto_ to ascertain and enforce the forfeiture. This is the common
law of the land, and is a tacit condition annexed to the creation of
every such corporation. Upon a change of government, too, it may be
admitted, that such exclusive privileges attached to a private
corporation as are inconsistent with the new government may be
abolished. In respect, also, to _public_ corporations which exist only
for public purposes, such as counties, towns, cities, and so forth, the
legislature may, under proper limitations, have a right to change,
modify, enlarge, or restrain them, securing, however, the property for
the uses of those for whom and at whose expense it was originally
purchased. But that the legislature can repeal statutes creating
private corporations, or confirming to them property already acquired
under the faith of previous laws, and by such repeal can vest the
property of such corporations exclusively in the State, or dispose of
the same to such purposes as they please, without the consent or
default of the corporators, we are not prepared to admit; and we think
ourselves standing upon the principles of natural justice, upon the
fundamental laws of every free government, upon the spirit and letter
of the Constitution of the United States, and upon the decisions of
most respectable judicial tribunals, in resisting such a doctrine."
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