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
The legal interest, in every such literary and charitable institution,
is in trustees, and to be asserted by them, which they claim or defend
on behalf of the society or community for the object of religion,
charity, or education, for which they were originally created, and
the private donations made. Contracts of this kind, creating such
charitable or educational institutions, should be at all times
protected by the state, and their rights maintained by the courts
administered by a pure and just judiciary. Conquests or revolutions
cannot change the rights acquired under such contracts, and no state
should by any act transfer the rights of property theretofore acquired,
nor transfer from the trustees appointed according to the will of the
founders or donors. The will of the state should not be substituted for
the will of the donors, or convert an institution, moulded according
to the will of its founders, and placed under the control of people
of their own selection, into government property. Such action is of
course subversive of the original compact on the faith of which the
donors invested their gifts, donations, or devises, and is, therefore,
repugnant to every idea of honesty and good morals, for enforcing which
governments are instituted.
A grant to a private trustee, for the benefit of a particular _cestui
que trust_, or for any special, private, or public charity, cannot
be the less a contract because the trustee takes nothing for his own
benefit. Nor does a private donation vested in a trustee for objects
of a general nature thereby become a public trust, which a government
may at its pleasure take from the trustee. A government cannot even
revoke a grant of its own funds, when given to a corporation or private
person for special uses. It has no other remaining authority but what
is judicial to enforce the proper administration of the trust. Nor is
such a grant less a contract though no beneficial interest accrues to
the possessor. All incorporeal hereditaments, as immunities, dignities,
offices, and franchises, are rights deemed valuable in law, and
whenever they are the subject of contract or grant they should be held
as legal estates. They are held as powers coupled with interests, and
consequently are vested rights, and of which the possessors should not
be divested by any legislative body without their consent.
Chief-Justice Marshall (in U. S. _v._ Percheman, _7 Peters 86_) says:
It is unusual, even in cases of conquest, for the conqueror to do more
than to displace the sovereign and assume dominion over the country;
and that the modern usage of nations, which has become law, would
be violated; that sense of justice and right which is acknowledged
and felt by the whole civilized world, would be outraged if private
property should be generally confiscated and private rights annulled.
Public-domain text, read in full here on John Shaqi.
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