The Catholic World, Vol. 18, October, 1873, to March, 1874.: A Monthly Magazine of General Literature and Science — John Shaqi
The Catholic World, Vol. 18, October, 1873, to March, 1874.: A Monthly Magazine of General Literature and ScienceVarious
Religion
The Catholic World, Vol. 18, October, 1873, to March, 1874.: A Monthly Magazine of General Literature and Science
Various
Catholic Church -- Periodicals
power? All these questions were involved in the inquiry, whether
the legislative power of the state had been so restrained by the
constitution of the United States that it could not alter the
charter of this institution, against the will of the trustees,
without impairing the obligation of a contract. If this inquiry
were to receive an affirmative answer, the constitutional
jurisprudence of the United States would embrace a principle of
the utmost importance to every similar institution of learning,
and to every incorporation then existing, or thereafter to exist,
not belonging to the machinery of government as a political
instrument....
"On the conclusion of the argument the Chief-Justice (Marshall)
intimated that a decision was not to be expected until the next
term. It was made in February, 1819, fully confirming the grounds
on which Mr. Webster had placed the cause. From this decision,
the principle in our constitutional jurisprudence which regards a
charter of a private corporation as a contract, and places it under
the protection of the Constitution of the United States, takes its
date."
We add a passage from Mr. Webster's speech in this case, as quoted by
the same author from a letter of Prof. Goodrich, of Yale College, to
Rufus Choate:
"This, sir, is my case. It is the case not merely of that humble
institution; it is the case of every college in our land. It is
more. It is the case of every eleemosynary institution throughout
our country--of all those great charities founded by the piety of
our ancestors to alleviate human misery and scatter blessings along
the pathway of life. It is more! It is, in some sense, the case of
every man among us who has property of which he may be stripped,
for the question is simply this: Shall our state legislatures be
allowed to take that which is not their own, to turn it from its
original use, and apply it to such ends or purposes as they in
their discretion shall see fit?"
The charitable and religious institutions of Italy and the States of
the Church were founded under guarantees as strong at least as those
which assured the perpetuity of Dartmouth College, and were entitled to
as much immunity from confiscation and intrusion for all coming time.
Public-domain text, read in full here on John Shaqi.
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