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Select Speeches of Daniel Webster, 1817-1845 by Daniel Webster
page 34 of 371 (09%)
and emoluments, subject to the twelve trustees alone. His title to these
is now changed, and he is made accountable to new masters. So also all the
professors and tutors. If the legislature can at pleasure make these
alterations and changes in the rights and privileges of the plaintiffs, it
may, with equal propriety, abolish these rights and privileges altogether.
The same power which can do any part of this work can accomplish the
whole. And, indeed, the argument on which these acts have been hitherto
defended goes altogether on the ground, that this is such a corporation as
the legislature may abolish at pleasure; and that its members have _no
rights, liberties, franchises, property, or privileges_, which the
legislature may not revoke, annul, alienate, or transfer to others,
whenever it sees fit.

It will be contended by the plaintiffs, that these acts are not valid and
binding on them without their assent,--

1. Because they are against common right, and the Constitution of New
Hampshire.

2. Because they are repugnant to the Constitution of the United States.

I am aware of the limits which bound the jurisdiction of the court in this
case, and that on this record nothing can be decided but the single
question, whether these acts are repugnant to the Constitution of the
United States. Yet it may assist in forming an opinion of their true
nature and character to compare them with those fundamental principles
introduced into the State governments for the purpose of limiting the
exercise of the legislative power, and which the Constitution of New
Hampshire expresses with great fulness and accuracy.

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