The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-16
UNITED STATES SUPREME COURT.
WARRINGTON, Tuesday, Feb Is.
MIR. Webster's Argument Continued.


WARRINGTON, Tuesday, Feb. 49,
MIR. Webster's Argument Continued.
There is another very important point to which wish
to call the attention Of your Honors which raises two
questions The first question has reference 10 the power
dction Now the most material point for is
whether under any notions Of equity this devise could
stand for want Of power in the trustee; 90 not now
minister the charity The power Of Corporation to take
fee while others execute the trust is another thing
The taking OF the trust Is shadowy thing, il Il
aerial But the administration Of the trust is
the substance Of the whole matter Now is there any
execute this trust1 deny It altogether There is no
law BY which that Corporation could under any circum
stances execute this trust And the language Of the de-
wise SPECIFIC and positive is devise the Corpo-
ration Of the City Of Philadelphia by its corporate name
And this Corporation according to the language Of the
Mr.. BISsEr of Philadelphia
sn SsS
pretty nsmesabout Of the same length and accented the
same way: Well them the citizens-the inhabitants OF
porate rame and them by this corporate did MIR
Girard confer this trust. Now there cases. may it
Of Interpretations, such as the Mayor Recorder &c. but
these held TO be individual trusts and held by these
beads Of corporations in their private name and executed
in their private character But this is not the with
this will Of Grards is devise to the Mayor Alder
and citizens Of Philadelphia by their corporate
Now, this will Of Mr. Grards confer new powers
on lhe corporation that body can execute all such
powers the law gives Them and auhorises them to use
put where In the world are they gongo get any others
either by the will or by the law of Pennsylvania
to enable them to execute this trust. They may as
well undertake to work mine, construct canal build
railroad. or perform any other human operation. to
undertake under the charter of the city this
porstion is creature Of the law and have other
powers than the law gives to 1T and it requires to exc
must apply to the law to obtain such powers before il
exercise them refer your honors to the case Of
Dartmouth against Collins 4th Wheaton; and 9th Watts
can be definite than what find here it is the Ian
guage of the law Of Pennsylvania ITSELF The language
most precise and explicttha incorporation hold
exert powers but such given to it by the law
can hold no estate or property but such il allow
such powers are given to it by the law &C. &C. Here
Mr. Webster read the first parts of the charter of Phla
delphia Il is charter merely to establish cy and
Isha dispose Of the ID branch Of this part Of the
argument and proceed to considerwas there in all fair
this trust and the purpo,es proper Of the Corporations
To the execution Of this trust power necessarily Incl
dent7 Certainly not The Corporation can get on very
well wthoutn And In any erent what has the Corpora
ton to do with III whapinerest proper has the city Of
Philadelphia in this trust None None at all but the
pha In the first place over boys of and
boys of New York in the next place. and to New
just as fair to say that New York has as much interest in
this trust city as Philadelphia has Now in reference
to the case of Wills Hospital which has been quoted by
could take hold and execute because it in the Ian
suage Of the Charter necessary for city purposes
power necessarily incident to the discharges of the eg
innate functions of the Corporation II was beaues for
the blind and the lame-thosc whom the city bound
provide for such mode of education or as
is laid down in the will of Mr. Girard This education 10
use be superinduced the le
gal education which the city bound to provide II
something for which the citizens canbe taxed to make
necessarily incident power And they certainly could
not be taxed to carry out such scheme And in legal
point Of view, there just much for giving
the administration Of this charity to Reading
r the s,S an
another point of view in which to regard this The city
Legislators impose and lay ON the citizens for
% 90 M oh Now
your hono that in the ofanoher Is years. which
discovered that there had been mis- application of this
fund.- or defacation in regard to IT, the city Of Phi
Philadelphia liable TO be taxed to make good any loss Of
this fund II not is only because the city council in
taking this trust have exceeded their legal powers i
the city council bound go and execute it, then with
regard to all losses deficiencies and the peo
pie Of Philadelphia must foot the bill Reference has
been made to the act Of eighteen hundred and thirty three
hut this act not only appoints officers to execute
those trusts which are FOR the benefit OF the CITY, But this
done not in relation to the special devise of the Col
ure acts Legislature to carry out those other requests
which he made fohe special benefit of the citysel Now
sir the whole grant of power to the corporation
tanned in the I'd section othe charter the power hod
goods chattles Sc" As 10 holding lands says nothing
enaDIe
the corporation to execute such tru. this For the
required it, which 1t does not should argue that the
hold lands must be for purposes which pre-
scrbed before But the charter says in the 25h section
no. here s the 10th section Of the charter which
ers all the powers Of legislation which the corporation
merely to make laws for the good government and welfare
Of the city Now the execution Of this trust thing
legal for ,he welfare of hs cy
unless it has that fair legal construction. the city
cannot execute the trust. Now, attempt has beer
ada tn nIaru fhn vhrou Z al(ora
and general welfare may have a wide meaning -
But this is to be understood as being connected with
fare good government of the city Here he read tn
Preamble agan) Now the whole OF this charter. which
Is revsa Of the old charter Is intended merely to give
the inhabitants OF the city more vigorous and effective
powers OF enactment And every succeeding section Of
refers to this view There is power in it to improve
increase the government And there is power in th
charter--no express power-no general power-broaa
enough to comprehend the execution of this trust and
nan for a moment will contend that its execution by the
corporation necessarily incidental for the welfare Of the
good government efthe city.
Then your Honors what becomes of this trust. if it is
become oft in Englandi twould fail And Mr. Girard
specific in the mode of defining the execution Of
led to admit this - be essential part of the
Of the trust And the execution Of trust in particu.
lar way by particular trustee does appear to be
'enta part Of the intention Of the devsee then failing the
execution of by that party the whole trust fails and goes
the heirs law and next Of kin refer your Honors
10 the OF Morgan against Thackery in which all the
precedents relating to this point named.
Nothing then can be more Plain than that 1t was the
Corporation Of the City of Philadelphia that he looked to
for the execution Of the trust He looks the Mayor
Aldermen and citizens of Philadelphia the only persons
who could send children to this school And in subse
1nent clause of the Will he enons the people of Phi.
depha to be careful in all time 10 come TO who they
send to the City Government in order that this peculiar
trust might be executed he desired But suppose thu
Corporation OF Philadelphia decline this
They might renounce 1t and it wouldn't be the
ierfn thing in the world to me il they should
it. Who is to take III Who is then TO execute It! re.
peat there no authority in the City Councils of Pha
ephia to execute III And the execution of this trust BY
them was necessary part of the primary object of Mr.
oirsrd In making the devise; and without which he
would have made it. Therefore, say, that the whole
devise fails
have few words to say on the consequences resulting
from the failure OF this trust which will occupy about
fifteen minutes; and II your Honors fagued with
the atmosphere Of this room am, which doubt
your Honors will give me that fifteen minutes
morning, should be glad.
Tie Court then adjourned
MIR. Kinney ON the Girard Will
Ar nj his M fba al.