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
Such a strange construction would render constitutional provisions of
the highest importance completely inoperative and void. It would tend
directly to establish the union of all powers in the legislature. There
would be no general, permanent law for courts to administer or men to
live under. The administration of justice would be an empty form, an
idle ceremony. Judges would sit to execute legislative judgments and
decrees; not to declare the law or to administer the justice of the
country. "Is that the law of the land," said Mr. Burke, "upon which, if
a man go to Westminster Hall, and ask counsel by what title or tenure he
holds his privilege or estate _according to the law of the land_, he
should be told, that the law of the land is not yet known; that no
decision or decree has been made in his case; that when a decree shall
be passed, he will then know _what the law of the land is_? Will this be
said to be the law of the land, by any lawyer who has a rag of a gown
left upon his back, or a wig with one tie upon his head?"
That the power of electing and appointing the officers of this college
is not only a right of the trustees as a corporation, generally, and in
the aggregate, but that each individual trustee has also his own
individual franchise in such right of election and appointment, is
according to the language of all the authorities. Lord Holt says: "It is
agreeable to reason and the rules of law, that a franchise should be
vested in the corporation aggregate, and yet the benefit of it to
redound to the particular members, and to be enjoyed by them in their
private capacity. Where the privilege of election is used by particular
persons, _it is a particular right, vested in every particular
man_."[47]
It is also to be considered, that the president and professors of this
college have rights to be affected by these acts. Their interest is
similar to that of fellows in the English colleges; because they derive
their living, wholly or in part, from the founders' bounty. The
president is one of the trustees or corporators. The professors are not
necessarily members of the corporation; but they are appointed by the
trustees, are removable only by them, and have fixed salaries payable
out of the general funds of the college. Both president and professors
have freeholds in their offices; subject only to be removed by the
trustees, as their legal visitors, for good cause. All the authorities
speak of fellowships in colleges as freeholds, notwithstanding the
fellows may be liable to be suspended or removed, for misbehavior, by
their constituted visitors.
Public-domain text, read in full here on John Shaqi.
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