The Great Speeches and Orations of Daniel Webster: With an Essay on Daniel Webster as a Master of English StyleWebster, Daniel
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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
They infringe the second article; which says, that the citizens of the
State have a right to hold and possess property. The plaintiffs had a
legal property in this charter; and they had acquired property under it.
The acts deprive them of both. They impair and take away the charter;
and they appropriate the property to new uses, against their consent.
The plaintiffs cannot now hold the property acquired by themselves, and
which this article says they have a right to hold.
They infringe the twentieth article. By that article it is declared
that, in questions of property, there is a right to trial. The
plaintiffs are divested, without trial or judgment.
They infringe the twenty-third article. It is therein declared that no
retrospective laws shall be passed. This article bears directly on the
case. These acts must be deemed to be retrospective, within the settled
construction of that term. What a retrospective law is, has been
decided, on the construction of this very article, in the Circuit Court
for the First Circuit. The learned judge of that circuit says: "Every
statute which takes away or impairs vested rights, acquired under
existing laws, must be deemed retrospective."[37] That all such laws are
retrospective was decided also in the case of _Dash v. Van Kleek_,[38]
where a most learned judge quotes this article from the constitution of
New Hampshire, with manifest approbation, as a plain and clear
expression of those fundamental and unalterable principles of justice,
which must lie at the foundation of every free and just system of laws.
Can any man deny that the plaintiffs had rights, under the charter,
which were legally vested, and that by these acts those rights are
impaired?
Public-domain text, read in full here on John Shaqi.
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