The Works of Daniel Webster, Volume 1Webster, Daniel
History
The Works of Daniel Webster, Volume 1
Webster, Daniel
United States -- Politics and government -- 1815-1861
It devolved upon Mr. Webster, as junior counsel, to open the case, and
it is scarcely necessary to say to any one who has read the report of
his argument, that, if such an impression as that just alluded to
existed in the mind of any of the court, it must have been immediately
dispelled. The ground was broadly taken, that the acts in question were
not only against common right and the constitution of New Hampshire, but
also, and this was the leading principle, against the provision of the
Constitution of the United States which forbids the individual States
from passing laws that impair the obligation of contracts. Under the
first head, the entire English law relative to educational foundations
was unfolded by Mr. Webster, and it was shown that colleges, unless
otherwise specifically constituted by their charters, were private
eleemosynary corporations, over whose property, members, and franchises
the crown has no control, except by due process of law, for acts
inconsistent with their charters. The whole learning of the subject was
brought to bear with overwhelming weight on this point.
The second main point required to be less elaborately argued; namely,
that such a charter is a contract which it is not competent for a State
to annul. The argument throughout was pursued with a closeness and vigor
which have been rarely witnessed in our courts. The topics were beyond
the usual range of forensic investigation in this country. The
constitutional principles sought to be applied were of commanding
importance. Great public expectation was awakened by the novelty and
magnitude of the case. The personal connection of Mr. Webster with
Dartmouth College as the place of his education gave a fervor to his
manner, which added, no doubt, to the effect of the reasoning. On this
point Mr. Ticknor expresses himself as follows:--
Public-domain text, read in full here on John Shaqi.
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