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
It has already been decided in this court, that a _grant_ is a contract,
within the meaning of this provision; and that a grant by a State is
also a contract, as much as the grant of an individual. In the case of
_Fletcher v. Peck_[51] this court says: "A contract is a compact between
two or more parties, and is either executory or executed. An executory
contract is one in which a party binds himself to do, or not to do, a
particular thing; such was the law under which the conveyance was made
by the government. A contract executed is one in which the object of
contract is performed; and this, says Blackstone, differs in nothing
from a grant. The contract between Georgia and the purchasers was
executed by the grant. A contract executed, as well as one which is
executory, contains obligations binding on the parties. A grant, in its
own nature, amounts to an extinguishment of the right of the grantor,
and implies a contract not to reassert that right. If, under a fair
construction of the Constitution, grants are comprehended under the term
contracts, is a grant from the State excluded from the operation of the
provision? Is the clause to be considered as inhibiting the State from
impairing the obligation of contracts between two individuals, but as
excluding from that inhibition contracts made with itself? The words
themselves contain no such distinction. They are general, and are
applicable to contracts of every description. If contracts made with the
State are to be exempted from their operation, the exception must arise
from the character of the contracting party, not from the words which
are employed. Whatever respect might have been felt for the State
sovereignties, it is not to be disguised that the framers of the
Constitution viewed with some apprehension the violent acts which might
grow out of the feelings of the moment; and that the people of the
United States, in adopting that instrument, have manifested a
determination to shield themselves and their property from the effects
of those sudden and strong passions to which men are exposed. The
restrictions on the legislative power of the States are obviously
founded in this sentiment; and the Constitution of the United States
contains what may be deemed a bill of rights for the people of each
State."
Public-domain text, read in full here on John Shaqi.
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