[Democracy In America<br>Volume 1 (of 2) by Alexis de Toqueville]@TWC D-Link book
Democracy In America
Volume 1 (of 2)

CHAPTER VIII: The Federal Constitution--Part III
22/24

Property may legally be held, though it may not have passed into the possessor's hands by means of a contract; and its possession is an acquired right, not guaranteed by the Federal Constitution.] [Footnote j: A remarkable instance of this is given by Mr.Story (p.
508, or in the large edition Section 1388): "Dartmouth College in New Hampshire had been founded by a charter granted to certain individuals before the American Revolution, and its trustees formed a corporation under this charter.

The legislature of New Hampshire had, without the consent of this corporation, passed an act changing the organization of the original provincial charter of the college, and transferring all the rights, privileges, and franchises from the old charter trustees to new trustees appointed under the act.

The constitutionality of the act was contested, and, after solemn arguments, it was deliberately held by the Supreme Court that the provincial charter was a contract within the meaning of the Constitution (Art.

I.Section 10), and that the emendatory act was utterly void, as impairing the obligation of that charter.

The college was deemed, like other colleges of private foundation, to be a private eleemosynary institution, endowed by its charter with a capacity to take property unconnected with the Government.


<<Back  Index  Next>>

D-Link book Top

TWC mobile books