Speech of Mr. Lawrence of Belchertown, in the Senate of Massachusetts, on the Amendment Offered by Mr. Cushing to the Lowell Rail-Road Bill: February 18, 1836 (Classic Reprint)
Speech of Mr. Lawrence of Belchertown, in the Senate of Massachusetts, on the Amendment Offered by Mr. Cushing to the Lowell Rail-Road Bill: February 18, 1836 (Classic Reprint)
Excerpt from Speech of Mr. Lawrence of Belchertown, in the Senate of Massachusetts, on the Amendment Offered by Mr. Cushing to the Lowell Rail-Road Bill: February 18, 1836 Mr. President, I have a word to say to the gentleman from Norfolk, if the Senate will indulge me, as a lawyer. He sneers at the notion, that a charter of incorporation is a contract. If it be not a contract, or a grant on condi tions, which is the same thing in effect, I would ask the gentleman to inform me, what it is. An agreement is defined to be a ...
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Excerpt from Speech of Mr. Lawrence of Belchertown, in the Senate of Massachusetts, on the Amendment Offered by Mr. Cushing to the Lowell Rail-Road Bill: February 18, 1836 Mr. President, I have a word to say to the gentleman from Norfolk, if the Senate will indulge me, as a lawyer. He sneers at the notion, that a charter of incorporation is a contract. If it be not a contract, or a grant on condi tions, which is the same thing in effect, I would ask the gentleman to inform me, what it is. An agreement is defined to be a concurrence of two or more minds, or parties in the same thing. There are two parties to an act of incorporation, a granter and a grantee. The gov ernment, as granter, grants, for example, to petitioners for a bank, the privilege of banking, on condition that they' pay into the State's treasury annually, one per cent. Of their capital stock, and observe the rules and regulations, prescribed in their charter, and agree on their part to pay annually, the consideration required, and to'observe the re strictions and limitations of the grant. Ls not this a con tract to all intents and purposes, and how is it distinguish able from a contract between individuals, except in form? Let the gentleman who is a good constitutional and com mon lawyer, answer if he can. But the government is omnipotent, is altogether above law, and cannot be bound by its acts of legislation. Is it so? Ls a government incapable of binding itself? Is itvincapable of so parting with its powers, that it cannot resume them at will? If this be so, what a farce is legislation, and what useless puppets are legislators P The gentleman admits that the government, omnipotent as he says it is, cannot interfere with the private transactions of its citizens, yet contends. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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