The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-12-09

gniation whatsoever. will not say that the
reason OK the law ceasi,ig, the Ia !, itself
ousht to continue; nor that we are / expect
entife aud exact justice, under an, system
whatsoever.
Under the actual case before us, Imieht,
Ts|hahs. have spared self the nece hSi;y
81 tins discussicn. The princi:.!e stated in
cue act OF l794. which is supposed to have
m'erdlctud the separation in que tio,l, ~
codcneu IN terms extremely abstract end
general While other principles declared
ny this act, have clearly aud expressly con-
h"ed tie nsncfrs OF the Institution To an
Sens OF this state, and limited assurances To
losses occ asioncd accidenfaN5 By ./ire white
~ is Clearly provided that rctribution is Il,
b. 'nade by the insured, and thar according
to the sum insured; the principle now irt-
mediately in question does not seen, to pro-.
hibit division or distribution of The mem
eers, or their Interests into Glasses, or dis
tricts. There WAS no motive for 81 rcstric-
ton Upon the society in this particular, es-
peciaiiy in an Institution OF the frsi iniprcs-
sinn: aud there is nu reasonable fear &C 4:
ouse, by the Society, Of power equally use-
ful tn all, and liable {, produce Injustice in
one quarter as well as another. Ii was ,,.em-
ed p oper to allow to The Society the beneiit
OF experience: and as other powers of q
character us important as the one before
us were confessedly granted to the Society
al large, " therefore, should .his be wit!,heiJe
Neerring to the cotenlporaneous and sue
cessive construction of the act of 1884 hy
tne Society itself, always acauic,ord in
by every member, it will be seen that
ti'e society itself, inter alta, extended assn
RANGES 10 loses occasioned by lightning, al
SD, (whereas. the original act Seems to have
contemplated ordinary free only } that they
excluded frcm the benefits of the institution
CERTAIN combus'ible houses and buildings,
and OF their own mere authority, and prior
10 the existence of any legislative provision
to that effect, permitted Individuals to with
draw from the obligations they had incur.
red under the original institution. While it
is far from my intention to arraign these
wholesome and sautary exercises of power,
ON the part OF the Society, in general meet
lag, contend that these and some other
powers are OF character as important, per-
haps, as tilat of efectinsa separation.
From these Considerations it would, her
hGfS, result, that the regulation in ques ton
dad not require legislative aid to carry it in
IL cooperation, but might have been effected
by the Society itself That however, is taking
broader ground than is necessary TO be
maintained on the present occasion. That
and having been afforded by the Legislature,
II is enough for our purpose that the act of
1865, IT 1t has produced any injustice at all,
to any Class of subscribers, has fallen short
o' that crying grade of injustice, which alone
can dlsarm the Act of its operation.-The
Society itself, at least, considered this, on
The contrary, as measure essential to the
E2lla!ization of the risques and in this re-
si;eCt see no Cause TO differ from them in
opinion.
BY referring to the principle our law re-
speeding Corporations, the foregoing results
will be fully justified. Those ariiEriaL per-
sons are rendered necessary in the law from
the Inconvenience. II not impracticability CT
Keeping alive the rights If ass jc,a.el l,,..ss,
~ devoiving them OH one series of ind,vidu-
ais AFTER auother,-The effect Of them IS, 10
consolidate the will of the whole. which is
collected from the sense If the majoriip of
those who constitute them. This de sion
W D'aJprify Is Fundamental law Of Cor
Porations IN this country and in England in
which respect our law differs lrom the Civil
Law /; 1T requiring the concurrence of two
thirds OF the whole n.embers. II Is also a
iuntaHen.a al principle ST Corporations hat
this n:gjoriiy may establish rules and regu.
La IONS Tor the Corporation; (Which are CON.
sidered as a so"t uf iauniciEai law for the
body corporate J suffice only TO a superior
and tnntssmenta law which may have been
prescribed by the founder thereof, or by
the Legislature which grants the privilege
erhaps, also, these petty Legislatures oucbr
farther TO be limited by all those Conside.
ratio"s, Gnciuding the due observance of
Jnstce,) which / have endcavored to shew,
ought to bound the proceedings of ali Legis-
iltures whatsoever. If, however, thee be
no such paramount law. or overriding prn.
cIPic, the mere will of the nrjoritv is com
potent to any regulation. ! have endeavnr-
cd 20 shew. that no principle exists in the
case heto ms o answer the foregoing char
acter: that tile one suggested is entirely ab.
stract and indefinite as TO the point in uues-
ton: and that it does not appear that any
injustice has arisen, or cxn be reasonably
expected to arise, from Carrying the mea-
sure lin question into operation.--But, fur
ther, Corporation may be extinguished by
the surrender of its rights and franchises;
as TO which the unanimous assent of every
individual is not requisite. The will of tie
majority must prevail in this, as in other
Eases. 1T is not to be expected that this
kind OF Suicide will be committed for Heh1
causes; and where causes of gre ext.
Behcy require it, the Corporation should not
hesitate TO make the surrender
VIII put Case, which will exemplify nv
meaning BY the Charter establishing
NE college Of William and Mary, it was
JHHadmen!at law of the institution that nj
r'"ffy school should De kept APP for promo
ing Il Seminary of Church If Engig1ld Min
'steis, and another for the Instruction of the
hs'Shoouiing lad ans IN the Arts and Scien-
ces Both Of these have. by Common cr-
sent, which amounts, guoad h0c, 10 a surren-
dei, Decn discontinued IN the Seminary, AL
enough they were required by he funda-
mental law thereof A state OF things has
arisen, winch has put down the then estab-
iished Church, and given TO q her scots of
Ii q nm tt4.t, 1T. IL