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Speech of James Madison Porter, of Northampton, in the Convention of ...
James Madison Porter
No preview available - 2015
accepted according admitted alter amendments annul apply assembly authority bank become benefit bill binding body called carried cause character charter citizens claimed common commonwealth companies Congress consequence consideration considered Constitution contained continually contract Convention conveyance conveyed corporations court created decided decision despotic distinct distinguish doubt effect essentially established executed exercise exist fact former franchises fraud Georgia give grant impairing incorporation individual institution interest Judge justice kind land legislative legislature matter means ment nature necessary never objects obligation obtained operation opinion original Parliament particular parties passed Pennsylvania performing persons Philadelphia political possess prevented principle private corporation proper provision purchasers question reason referred repeal Reports representatives republic require resolution respect says sovereign sovereignty subsequently sufficient thing tion transaction Union United valuable vested vote
Page 18 - It is chiefly for the purpose of clothing bodies of men, in succession, with these qualities and capacities, that corporations were invented, and are in use. By these means a perpetual succession of individuals are capable of acting for the promotion of the particular object, like one immortal being.
Page 29 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution...
Page 35 - It may well be doubted whether the nature of society and of government does not prescribe some limits to the legislative power; and, if any be prescribed, where are they to be found if the property of an individual, fairly and honestly acquired, may be seized without compensation...
Page 37 - It is, then, the unanimous opinion of the court, that, in this case, the estate having passed into the hands of a purchaser for a valuable consideration, without notice, the state of Georgia was restrained, either by general principles, which are common to our free institutions, or by the particular provisions of the constitution of the United States...
Page 36 - If, under a fair construction of the Constitution, grants are comprehended under the term contracts, is a grant from the State excluded from the operation of the provision ? Is the clause to be considered as inhibiting the State from impairing the obligation of contracts between two individuals, but as excluding from that inhibition contracts made with itself? The words themselves contain no such distinction. They are general, and are applicable to contracts of every description.
Page 37 - I do not hesitate to declare that a state does not possess the power of revoking its own grants. But I do it on a general principle, on the reason and nature of things : a principle which will impose laws even on the Deity.
Page 34 - In this case the legislature may have had ample proof that the original grant was obtained by practices which can never be too much reprobated, and which would have justified its abrogation so far as respected those to whom crime was imputable. But the grant, when issued, conveyed an estate in fee-simple to the grantee, clothed with all the solemnities which law can bestow. This estate was transferable ; and those who purchased parts of it were not stained by that guilt which infected the original...
Page 36 - Whatever respect might have been foil for the state sovereignties, it is not to be disguised that the framers of the constitution viewed with some apprehension, the violent acts which might grow out of the feelings of the moment; and that the people of the United States, in adopting that instrument, have manifested a determination to shield themselves and their property from the effects of those sudden and strong passions to which men are exposed.
Page 29 - A constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind. It would probably never be understood by the public.
Page 36 - Such a law may inflict penalties on the person, or may inflict pecuniary penalties which swell the public treasury. The legislature is, then, prohibited from passing a law by which a man's estate, or any part of it. shall be seized for a crime which was not declared by some previous law to render him liable to that punishment.