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
If the doctrine laid down by Lord Holt, and the House of Lords, in
_Phillips v. Bury_, and recognized and established in all the other
cases, be correct, the property of this college was private property; it
was vested in the trustees by the charter, and to be administered by
them, according to the will of the founder and donors, as expressed in
the charter. They were also visitors of the charity, in the most ample
sense. They had, therefore, as they contend, privileges, property, and
immunities, within the true meaning of the Bill of Rights. They had
rights, and still have them, which they can assert against the
legislature, as well as against other wrong-doers. It makes no
difference, that the estate is holden for certain trusts. The legal
estate is still theirs. They have a right in the property, and they
have a right of visiting and superintending the trust; and this is an
object of legal protection, as much as any other right. The charter
declares that the powers conferred on the trustees are "privileges,
advantages, liberties, and immunities"; and that they shall be for ever
holden by them and their successors. The New Hampshire Bill of Rights
declares that no one shall be deprived of his "property, privileges, or
immunities," but by judgment of his peers, or the law of the land. The
argument on the other side is, that, although these terms may mean
something in the Bill of Rights, they mean nothing in this charter. But
they are terms of legal signification, and very properly used in the
charter. They are equivalent with _franchises_. Blackstone says that
_franchise_ and _liberty_ are used as synonymous terms. And after
enumerating other liberties and franchises, he says: "It is likewise a
franchise for a number of persons to be incorporated and subsist as a
body politic, with a power to maintain perpetual succession and do other
corporate acts; and each individual member of such a corporation is also
said to have a franchise or freedom."[28]
_Liberties_ is the term used in Magna Charta as including franchises,
privileges, immunities, and all the rights which belong to that class.
Professor Sullivan says, the term signifies the "_privileges_ that some
of the subjects, whether single persons or bodies corporate, have above
others by the lawful grant of the king; as the chattels of felons or
outlaws, and the lands _and privileges of corporations_."[29]
Public-domain text, read in full here on John Shaqi.
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