Page:The New International Encyclopædia 1st ed. v. 06.djvu/578

* DUE PKOCESS OF LAW. 502 DtrFAURE. But for tlio flicck of this piiiui|>lo upon the legis- lature iinil the executive, hills of iittainiler. acts of confiscation, acts reversing juiljnnents, ami acts directly transferring one man's |iro|KTty to an- other might be resorted to. and the time-honored safeguards of constitutional liberty be swept away. It is not to lie understood, however, that the "law of the land' and 'due process of law' mean the body of legal rules or the system of judicial procedure which existed at the adoption of the Federal or of a particular State Constitution. These may be changed from time to time with- out violating the Constitution, provided the new l>rocedure or the new rules are in accmdancc with the fundamental principles and maxims of our jurisprudence. Moreover, a State may do many things in tlic exercise of its police power which ojierate to deprive |>ersons of liberty or iirojH-rty in a very siuumary way, without violating the constitutional provisions under consideration. It may also authorize the sale of property for non- payment of taxes, without any judicial proceed- ing. But these acts arc not ]>erfornied without due process of law, since the Slate is acting in accordance with those principles governing and limiting the rights of the State and its sil)jects, not at x-ariance with them. "In short, "due pro- cess of law' in each particular case means such an exercise of the powers of government as the settled maxims of law permit and sanction, and under such safeguards for the protection of indi- vidual rights as those maxims prescribe for the class of cases to which the one in question be- longs." See Cooley. Coiixtilulioiial Limilatioiis (6th ed., Boston, 1800) : Hare. American Coiisti- lutional Lair, Lect. xxxv. (Boston, 1889). DTIER, diViT. .ToiiN (1782-18.58). An Ameri- can jurist, burn in Albany, X. Y. From about 1820 until his death he jiracticed law in Xew York City. He was one of the commissioners to revise the laws of the State in 182:j. was elected justice of the Superior Court in 1840, and in IS-JT be- came Chief .lustice. His most important work is The Laic and Practice of Marine Insurance (184r.-lfi). DUER, William Alexander (I780-I858). An American jurist, born at Khinebeck. N. Y. He practiced law at Xew Orleans, where he was the partner of Edward Livingston, and after 1812 in Xew York, where, from 1822 to lS2fl. he was judge of the Supreme Court. In the latter year he was elected president of Columbia College, which position he held until 1842. He published a Treatise on the Constitiilionnl Jurisprudence of the United States (18.33). and a Life of Wil- liam Alexander, Earl of Stirling, his grand- father (1847). DTJERO (dwa'r.'i). or DOTJRO (doV-rA). A large river of Spain and I'ortugal. rising in the Spanish Province of Soria (Old Castile), in an elevated region about 2'} miles northwest of the city of Soria (Map: Portugal, A 2). It flows at first southeast anil south, past Soria. receiv- ing the waters of the Kituerto. and then pur- sues a general westerly course till it readies the Portuguese border. It then (lows southwest, forming for about (!0 miles the boundary between Spain and Portugal, after which it flows almost due west across Portugal, emptying into the Atlantic not far south of Oporto. Its total length is about 500 miles, over 1(10 miles of which is in I'ortugal. The Portuguese portion only is navigable, although its upper course might lie utilized to some extent for transportation juir- poscs. despite its swift, narrow current. Its mouth is closed by a bar and a nuiiiln'r of sand- banks, which can lie passed liy ocean-going vessels only during high tide. The triliutarics of the Duero are generally short, the greater numluT belonging to the Spanish )iortioii. The most important are the Pisucrga. Valderadiiey, Ksla, Tua, and Tamcga, on the right, and the Adaja, Tonnes, and Agueda on the left. DUET (It. duetto, from Lat. duo. two). A coiii|Hisition for (wo voices or instruments, with or without an neeompaniment of one or more instruments. In technical language. (/i/(7 is applied to a composition for two voices or in- struments of the same kind, while duo refers to one for two voices or instrumeiits of diderent kinds. Due(s are divided into three classes, in all of which, however, the form is much the same. The dramatic duct can of necessity have no fixed form, as it must vary according to the dramatic situation. The f^tahat Mater of Pergo- lesi is a splendid example of the church duet, while the soui) ducts of Meiidels-iohn follow the general idea of duets as ori'_-iiiatcil in the seven- teenth century and developed in the eighteenth by Sted'ani and. Clari. DUEZ, di.i'a'. ERXE.ST AxoK (1843-!)ti). A French jiainter. He was born in Paris, and studied there under Pils. In 1873 his "Lune de Miel" ("The Honeymoon") attracted much attention. The following year "Splendeur et Mis&re" ("Splendor and Misery") won a nicilal of the third class. Among his other works are a fine portrait of Madame Duez (1877) and "Saint Cuthbcrt"' (1870), in the Luxembourg. His style in his modern pictures is eminently Parisian, brilliant in tone and (ine in drawing, althougb in some cases he carried realism (o an extreme. He obtained a first-class medal in 1870, and the Legion of Honor in 1880. DUFAU, dii'f.V, Piki;re AnM.vxn (170.V1S77). A Frencli political economist and jiublieist, born at Bordeaux. At the age of twenty he was ap- pointed instructor at the Institute for the Blind, Paris. In 1840 he became director of the institution, and during the following fifteen years of his ollicial activity pulilished a great number of valualde works on the (rea(men( and education of (he blind. He was also one of the principal founders of (he .id Society for the Blind. establi~lic(l at Paris in 18.51. His more important publications include: Plan dr for- ganisation dr I'institution drs jcuncs arcugles (1833); Statistique comparer de.i arcugirs (1854); and De la rfformc du mont-de-piH6 (18.">.'>i. DUFAURE, du'fAr'. .TfLES AitMAxn Stanis- las ( noS-lSSl ). A French statesman, born in Saujon, Charentc-Inff-rieure. He studied law in Paris, was chosen Deputy from Saintes in 1834. and acquired great inllucnce in the Lib- eral Partv. He was appointed Councilor of State in 1830 and Minister of Public AlTairs in 1830. In 1844 he was chosen vice-president of the Cliambcr. and after the Revolution of 1848 was Minister of the Interior. Louis Xa- poleon gave liiiii the same ofilce. but after the coup d'f'tat he returned to the jiractice of law.