Far-reaching in its implication, also, was the second instance, when the
Supreme Court held unconstitutional and void the acts of the New
Hampshire legislature which amended the charter granted by the Crown to
Dartmouth College in 1769. Arguing as counsel for the college, of which
he was an honored graduate, Daniel Webster held that the charter of a
private corporation was a contract which might not be impaired by an act
of a state legislature. Chief Justice Marshall only restated and
amplified Webster's argument, when he rendered the opinion of the court
and declared that New Hampshire might not by law impair the charter of
Dartmouth College. To the argument of the counsel for the Commonwealth,
contending that the framers of the Constitution never contemplated such
a broad use of the word "contract," Marshall replied that it was not
enough to say this particular use of the word was not in the mind of the
Convention when the article was adopted. "It is necessary to go farther,
and to say that, had this particular case been suggested, the language
would have been so varied as to exclude it, or it would have been made a
special exception."
The immense significance of this decision was not immediately apparent.
The peculiar immunity which it gave to private property could not be
appreciated until the rise of corporations with concentrated capital.
Not even the Chief Justice foresaw that the guaranty of inviolability
which he had thrown about a private educational corporation would be
demanded with equal right by the great business corporations of the
succeeding era.
[Map: Highways of the United States about 1825]
Public-domain text, read in full here on John Shaqi.
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