The Works of Daniel Webster, Volume 1 — John Shaqi
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
The opinion of the court, unanimous; with the exception of Justice
Duvall, was pronounced by Chief Justice Marshall in the term for
1819, declaring the acts of the legislature of New Hampshire to be
unconstitutional and invalid, and reversing the opinion of the court
below. By this opinion the law of the land in reference to collegiate
charters was firmly established. Henceforward our colleges and
universities and their trustees, unless provision to the contrary is
made in their acts of incorporation, stand upon the broad basis of
common right and justice; holding in like manner as individuals their
property and franchises by a firm legal tenure, and not subject to
control or interference on the part of the local legislatures on the
vague ground that public institutions are at the mercy of the
government. That such is the recognized law of the land is owing in
no small degree to the ability with which the Dartmouth College case
was argued by Mr. Webster. The battle fought and the victory gained in
this case were sought and gained for every college and university, for
every academy and school, in the United States, endowed with property
or possessed of chartered rights. It ought to be mentioned, to the
credit of the State of New Hampshire, that she readily acquiesced in the
decision of the Supreme Court of the United States, and made no attempt
to sustain her recent legislation.
This celebrated cause, argued with such success before the highest
tribunal in the country, established Mr. Webster's position in the
profession. It placed him at once with Emmett and Pinkney and Wirt, in
the front rank of the American bar, and, though considerably the
youngest of this illustrious group, on an equality with the most
distinguished of them. He was henceforward retained in almost every
considerable cause argued at Washington. No counsel in the United States
has probably been engaged in a larger portion of the business brought
before that tribunal. While Mr. Webster as a politician and a statesman
has performed an amount of intellectual labor, as is abundantly shown in
these volumes, sufficient to form the sole occupation of an active life,
there is no doubt that his arguments to the court and his addresses to
the jury in important suits at law would, if they had been reported like
his political speeches, have filled a much greater space.
Public-domain text, read in full here on John Shaqi.
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