Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/268

 260 are not less within the protection of the constitution. All incorporeal hereditaments, such as immunities, dignities, offices, and franchises, are in law deemed valuable rights, and wherever they are subjects of a contract or grant, they are just as much within the reach of the constitution, as any other grants; for the constitution makes no account of the greater, or less value of any thing granted. All corporate franchises are legal estates. They are powers coupled with an interest; and the corporators have vested rights in their character as corporators.

§ 1387. A charter, then, being a contract within the scope of the constitution, the next consideration, which has arisen upon this important subject, is, whether the principle applies to all charters, public as well as private. Corporations are divisible into two sorts, such as are strictly public, and such as are private. Within the former denomination are included all corporations, created for public purposes only, such as cities, towns, parishes, and other public bodies. Within the latter denomination all corporations are included, which do not strictly belong to the former. There is no doubt, as to public corporations, which exist only for public purposes, that the legislature may change, modify, enlarge, and restrain them; with this limitation, however, that property, held by such corporation, shall still be secured for the use of those, for whom, and at whose expense it has been acquired. The principle may be stated in a more general form. If a charter be a mere grant of political power, if it create a civil institution,