The Great Speeches and Orations of Daniel Webster eBook

This eBook from the Gutenberg Project consists of approximately 1,778 pages of information about The Great Speeches and Orations of Daniel Webster.

The Great Speeches and Orations of Daniel Webster eBook

This eBook from the Gutenberg Project consists of approximately 1,778 pages of information about The Great Speeches and Orations of Daniel Webster.

By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.  The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society.  Every thing which may pass under the form of an enactment is not therefore to be considered the law of the land.  If this were so, acts of attainder, bills of pains and penalties, acts of confiscation, acts reversing judgments, and acts directly transferring one man’s estate to another, legislative judgments, decrees, and forfeitures in all possible forms, would be the law of the land.

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.

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The Great Speeches and Orations of Daniel Webster from Project Gutenberg. Public domain.