The Great Speeches and Orations of Daniel Webster: With an Essay on Daniel Webster as a Master of English StyleWebster, Daniel
History
The Great Speeches and Orations of Daniel Webster: With an Essay on Daniel Webster as a Master of English Style
Webster, Daniel
Speeches, addresses, etc., American; United States -- Politics and government -- 1815-1861; Webster, Daniel, 1782-1852
[The action, The Trustees of Dartmouth College v. William H. Woodward,
was commenced in the Court of Common Pleas, Grafton County, State of New
Hampshire, February term, 1817. The declaration was trover for the books
of record, original charter, common seal, and other corporate property
of the College. The conversion was alleged to have been made on the 7th
day of October, 1816. The proper pleas were filed, and by consent the
cause was carried directly to the Superior Court of New Hampshire, by
appeal, and entered at the May term, 1817. The general issue was pleaded
by the defendant, and joined by the plaintiffs. The facts in the case
were then agreed upon by the parties, and drawn up in the form of a
special verdict, reciting the charter of the College and the acts of the
legislature of the State, passed June and December, 1816, by which the
said corporation of Dartmouth College was _enlarged_ and _improved_, and
the said charter _amended_.
The question made in the case was, whether those acts of the legislature
were valid and binding upon the corporation, without their acceptance or
assent, and not repugnant to the Constitution of the United States. If
so, the verdict found for the defendants; otherwise, it found for the
plaintiffs.
The cause was continued to the September term of the court in Rockingham
County, where it was argued; and at the November term of the same year,
in Grafton County, the opinion of the court was delivered by Chief
Justice Richardson, in favor of the validity and constitutionality of
the acts of the legislature; and judgment was accordingly entered for
the defendant on the special verdict.
Thereupon a writ of error was sued out by the original plaintiffs, to
remove the cause to the Supreme Court of the United States; where it was
entered at the term of the court holden at Washington on the first
Monday of February, 1818.
The cause came on for argument on the 10th day of March, 1818, before
all the judges. It was argued by Mr. Webster and Mr. Hopkinson for the
plaintiffs in error, and by Mr. Holmes and the Attorney-General (Wirt)
for the defendant in error.
At the term of the court holden in February, 1819, the opinion of the
judges was delivered by Chief Justice Marshall, declaring the acts of
the legislature unconstitutional and invalid, and reversing the judgment
of the State Court. The court, with the exception of Mr. Justice Duvall,
were unanimous.
The following was the argument of Mr. Webster for the plaintiffs in
error.]
The general question is, whether the acts of the legislature of New
Hampshire of the 27th of June, and of the 18th and 26th of December,
1816, are valid and binding on the plaintiffs, _without their acceptance
or assent_.
Public-domain text, read in full here on John Shaqi.
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