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That looks a little shaky. Joel Send a noteboard - 23/11/2011 05:42:39 PM
I have attached a print version of the charter for the Hudson's Bay Company, which is similar to all original royal charters for the oldest corporations. You will note, at line 67, that the crucial statement is made that the company shall be considered a "person" (I pasted in the entire clause):

WEE DOE make ordeyne constitute establish confirme and declare
62 by these Presentes and that by the same name of Governor &
63 Company of Adventurers of England Tradeing into Hudsons Bay they
64 shall have perpetuall succession And that they and theire
65 successors by the name of Governor and Company of Adventurers of
66 England Tradeing into Hudsons Bay bee and at all tymes hereafter
67 shall bee persons able and capable in Law to have purchase
68 receive possesse enjoy and reteyne Landes Rentes priviledges
69 libertyes Jurisdiccions Franchyses and hereditamentes of what
70 kinde nature and quality soever they bee to them and theire
71 Successors And alsoe to give grant demise alien assigne and
72 dispose Landes Tenementes and hereditamentes and to doe and
73 execute all and singuler other thinges by the same name that to
74 them shall or may apperteyne to doe And that they and theire
75 Successors by the name of the Governor and Company of Adventurers
76 of England Tradeing into Hudsons Bay may pleade and bee impleaded
77 answeare and bee answeared defend and bee defended in whatsoever
78 Courtes and places before whatsoever Judges and Justices and
79 other persons and Officers in all and singular Accions Pleas
80 Suitts Quarrells causes and demandes whatsoever of whatsoever
81 kinde nature or sort in such manner and forme as any other our
82 Liege people of this our Realme of England being persons able and
83 capable in Lawe may or can have purchase receive possesse enjoy
84 reteyne give grant demise alien assigne dispose pleade defend and
85 bee defended doe permit and execute And that the said Governor
86 and Company of Adventurers of England Tradeing into Hudsons Bay
87 and their successors may have a Common Seale to serve for all the
88 causes and busnesses of them and theire Successors and that itt
89 shall and may bee lawfull to the said Governor and Company and
90 theire Successors the same Seall from tyme to tyme at theire will
91 and pleasure to breake change and to make a new or alter as them
92 shall seeme expedient.

Every corporate charter is premised on this fundamental point. The Dutch East India Company has a similar provision but the English common law tradition uses the word "person" as a legal term in a way that the civil law tradition of the Continent did not, at least uniformly, prior to the Code Napoleon.

And not just because the history of English common law is not absolutely binding on present US common law (though that certainly does not help; while I think we can agree the Hudsons Bay charter refers to, not just a generic company or business, but what we would call a corporation, it does not use that term and, as you are well aware, matters of law require a bit more than a tacit general understanding.) The statement that the Hudsons Bay Company "shall have perpetuall succession" and "that they and theire successores by the name of Governor and Company of Adventurers of England Tradeing into Hudsons Bay bee and at all tymes hereafter shall bee persons able and capable in Law" makes clear the charter speaks of actual physical persons acting as a single group. Otherwise the issue of "successors" and the need to establish "perpetual succession" for its president and complement would be unnecessary; the company would exist, retaining its natural rights, possessions and liabilities, until such time as its charter lapsed or was revoked.

I cannot help thinking that if the concept of corporations as people was as well founded as you say a Supreme Court clerk would not have felt the need two centuries later to insert an assertion corporations are people into the preface of a ruling, or the Chief Justice to write a letter affirming that reflected the full courts view (which is all well and good, but not an official SCOTUS ruling any more than was the commentary on an actual ruling.)
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An Open Letter to All People with Nothing Better To Do - 20/11/2011 10:49:21 AM 1898 Views
Huzah! A man chooses and a slave obeys! *NM* - 20/11/2011 10:56:42 AM 588 Views
Yeah, 'cos YTs comments are all about disobedience, and the OWSers are all about submission. - 20/11/2011 12:24:36 PM 1013 Views
Actually, my comment are about taking responsibility for yourself. *NM* - 20/11/2011 05:48:33 PM 600 Views
Some of them are doing just that. - 21/11/2011 11:14:58 PM 915 Views
As usual you miss the point completely. *NM* - 20/11/2011 08:27:02 PM 593 Views
How much violence has there actually been? - 20/11/2011 12:35:54 PM 1015 Views
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Because it's easy. - 20/11/2011 12:49:02 PM 995 Views
I think it's great that student loans can't be discharged in bankruptcy. - 20/11/2011 06:27:27 PM 906 Views
Completely agree. *NM* - 20/11/2011 07:44:10 PM 656 Views
Asian parents have the right idea - 20/11/2011 08:49:39 PM 1036 Views
because that's not a huge generalization of an entire race... - 20/11/2011 09:05:26 PM 980 Views
every pakistani, indian, viet, chinese, cambodian person I know (and thats a lot) .... - 20/11/2011 09:27:34 PM 1012 Views
I had a lot of asian peers in class growing up with parents who were not like that - 20/11/2011 10:35:45 PM 1002 Views
You has? Sorry...it was too good to pass up. *NM* - 20/11/2011 10:40:48 PM 545 Views
lol! oops! *edit* fail. *NM* - 20/11/2011 10:42:33 PM 555 Views
I understand that, and agree to a certain extent. - 20/11/2011 11:53:30 PM 978 Views
Well... - 21/11/2011 05:39:09 AM 940 Views
Hm. Those are all very sensible points. Food for thought. *NM* - 21/11/2011 06:06:24 AM 493 Views
To take it a step further - 21/11/2011 02:36:49 AM 933 Views
I agree 100%. - 21/11/2011 05:41:40 AM 878 Views
they are. - 21/11/2011 06:55:27 PM 922 Views
HUZZAH! Very well said. - 20/11/2011 01:20:48 PM 988 Views
"There are plenty of jobs and pay"... Do you read the news? *NM* - 20/11/2011 12:42:30 PM 559 Views
Yep, there are lots of jobs... - 20/11/2011 05:49:58 PM 1022 Views
there ARE plenty of jobs - 20/11/2011 06:14:30 PM 1051 Views
Excercise in creative thinking... - 20/11/2011 06:45:49 PM 1017 Views
Take an economics course. Learn about structural unemployment. - 20/11/2011 11:50:40 PM 943 Views
*NM* - 21/11/2011 05:13:39 AM 544 Views
I'm sorry dude, but there ARE jobs. - 20/11/2011 07:21:21 PM 1023 Views
but what kind of jobs? - 20/11/2011 08:08:58 PM 833 Views
"My plastic surgeon" WTF Aisha - 20/11/2011 08:36:13 PM 1077 Views
Im a nurse - 20/11/2011 09:24:14 PM 963 Views
I actually have a lot of respect for plastic surgeons outside pure cosmetics - 21/11/2011 01:02:59 AM 1008 Views
job that pay money - 20/11/2011 08:57:55 PM 991 Views
lets face it. all the jobs you just mentioned are jobs illegals take - 20/11/2011 09:35:07 PM 987 Views
Re: lets face it. all the jobs you just mentioned are jobs illegals take - 20/11/2011 10:29:16 PM 917 Views
Re: lets face it. all the jobs you just mentioned are jobs illegals take - 21/11/2011 12:19:52 AM 1018 Views
That's a shitty situation - 21/11/2011 12:24:20 AM 879 Views
While it is true that the plural of anecdote is not data... - 21/11/2011 12:34:35 AM 823 Views
no I realize that - 21/11/2011 12:57:06 AM 785 Views
First of all, I worked at a dairy and have a friend who busses tables. - 20/11/2011 10:32:39 PM 957 Views
Thats a big problem, Aisha - 22/11/2011 06:42:18 AM 888 Views
Not in Michigan. *NM* - 21/11/2011 05:11:40 AM 524 Views
...I feel like you've been getting all of your information from TV News. This isn't about bills. - 20/11/2011 04:35:13 PM 986 Views
Better question is have you been to any of them? - 20/11/2011 06:42:02 PM 1061 Views
I may need to be more concise about something - 20/11/2011 06:53:58 PM 988 Views
Re: Better question is have you been to any of them? - 20/11/2011 07:00:30 PM 856 Views
Wait...you think there is a problem with courts treating corporations as persons? - 20/11/2011 08:33:43 PM 916 Views
You know what he meant. - 20/11/2011 09:32:59 PM 984 Views
Pretty sure the inception of corporations was not 1886. - 22/11/2011 05:45:31 AM 954 Views
You do realize... - 22/11/2011 06:01:47 AM 892 Views
Almost anything CAN happen. - 22/11/2011 07:43:31 AM 965 Views
You're right. I will hand you your ass on this one. If you give me gloves before touching it. - 23/11/2011 02:26:35 PM 972 Views
That looks a little shaky. - 23/11/2011 05:42:39 PM 976 Views
Funny how once we as a society used protesting for non personal gain ... - 20/11/2011 08:49:37 PM 1024 Views
I love this post. *NM* - 20/11/2011 09:06:49 PM 539 Views
Good post - 20/11/2011 09:13:12 PM 972 Views
Then why don't the unemployed ... - 20/11/2011 10:36:36 PM 883 Views
The UN is clearly out of touch with reality. - 20/11/2011 10:44:44 PM 965 Views
"There is no right to work"? - 22/11/2011 05:50:30 AM 966 Views
Also, do you even have a job yet? *NM* - 22/11/2011 06:02:11 AM 516 Views
Ikke ennĂ¥. - 22/11/2011 07:28:27 AM 999 Views
A simple no would suffice. *NM* - 22/11/2011 07:32:27 AM 568 Views
Well, that was little more than a simple no. - 22/11/2011 07:57:11 AM 886 Views
So do you think there is no cause whatsoever for protest? - 21/11/2011 03:31:04 AM 980 Views
Re: So do you think there is no cause whatsoever for protest? - 22/11/2011 04:15:30 AM 935 Views
I am also not Dan. - 22/11/2011 06:08:06 AM 834 Views
Re: So do you think there is no cause whatsoever for protest? - 22/11/2011 06:47:25 AM 1027 Views
I don't think the protest is about being people feeling entitled - 22/11/2011 07:45:50 AM 1054 Views

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