The use being
public in no way diminishes their legal estate in the property, or their
title to the franchise. There is no principle, nor any case, which
declares that a gift to such a corporation is a gift to the public. The
acts in question violate property. They take away privileges,
immunities, and franchises. They deny to the trustees the protection of
the law; and they are retrospective in their operation. In all which
respects they are against the constitution of New Hampshire.
The plaintiffs contend, in the second place, that the acts in question
are repugnant to the tenth section of the first article of the
Constitution of the United States. The material words of that section
are: "No State shall pass any bill of attainder, _ex post facto_ law, or
law impairing the obligation of contacts."
The object of these most important provisions in the national
constitution has often been discussed, both here and elsewhere. It is
exhibited with great clearness and force by one of the distinguished
persons who framed that instrument. "Bills of attainder, _ex post facto_
laws, and laws impairing the obligation of contracts, are contrary to
the first principles of the social compact, and to every principle of
sound legislation. The two former are expressly prohibited by the
declarations prefixed to some of the State constitutions, and all of
them are prohibited by the spirit and scope of these fundamental
charters. Our own experience has taught us, nevertheless, that
additional fences against these dangers ought not to be omitted.
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