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 privilege, then, of being a member of a corporation, under a lawful
grant, and of exercising the rights and powers of such member, is such a
privilege, _liberty_, or _franchise_, as has been the object of legal
protection, and the subject of a legal interest, from the time of Magna
Charta to the present moment. The plaintiffs have such an interest in
this corporation, individually, as they could assert and maintain in a
court of law, not as agents of the public, but in their own right. Each
trustee has a _franchise_, and if he be disturbed in the enjoyment of
it, he would have redress, on appealing to the law, as promptly as for
any other injury. If the other trustees should conspire against any one
of them to prevent his equal right and voice in the appointment of a
president or professor, or in the passing of any statute or ordinance of
the college, he would be entitled to his action, for depriving him of
his franchise. It makes no difference, that this property is to be
holden and administered, and these franchises exercised, for the purpose
of diffusing learning. No principle and no case establishes any such
distinction. The public may be benefited by the use of this property.
But this does not change the nature of the property, or the rights of
the owners. The object of the charter may be public good; so it is in
all other corporations; and this would as well justify the resumption or
violation of the grant in any other case as in this. In the case of an
advowson, the use is public, and the right cannot be turned to any
private benefit or emolument. It is nevertheless a legal private right,
and the _property_ of the owner, as emphatically as his freehold. The
rights and privileges of trustees, visitors, or governors of
incorporated colleges, stand on the same foundation. They are so
considered, both by Lord Holt and Lord Hardwicke.[30]
To contend that the rights of the plaintiffs may be taken away, because
they derive from them no pecuniary benefit or private emolument, or
because they cannot be transmitted to their heirs, or would not be
assets to pay their debts, is taking an extremely narrow view of the
subject. According to this notion, the case would be different, if, in
the charter, they had stipulated for a commission on the disbursement
of the funds; and they have ceased to have any interest in the
property, because they have undertaken to administer it gratuitously.
Public-domain text, read in full here on John Shaqi.
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