Page:United States Reports, Volume 2.djvu/317

 - Cxscurr Comvr, I’¢m[yl·uanI.¤ Dlllriét. grr nature of the focial compaft, and from the words of the Conl'li· -r gpg. tution, which fays, that the Houfe of Reprefentatives {hall have tre`) all other powers necelfary for the Legillature of a free {late or commonwealth ; but they {hall have no power to add_ to, alter, nbolilh, or infringe any part of this Conllitution. '1`he courfe of reafoning, on the part of the defendant, may oe comprized in a few words. The dcfpotic power, as it is aptly called by fame _ writers, of taking private property, when {late ncccllity requires, exills in every government; the exifience of fuch power is na cel`l`ary ; vernment could not fubfill: without it; and if this be the ug: it cannot be lodged any where with fo much fafe· ty as with the Legillature. 'I` he prefumption is, that they will not call it into exercife except in urgent cafes, or cafes of the £rfl: neceility. There is forte in this reafoninlg. It is, howe- ver, dillicult to form a cafe, in which the ueoe ty_of a {late can he of fuch a nature, as to authorife or excufe the feizing of land- ed property belonging to one citizen, and giving it to another citizen. It is immaterial to the llate, in which of its citizen the land is veiled; but it is of primary importance, that, when l veiled, it ihould be fecured, and the proprietor proteélod in the enjoyment of it. The conltitution encircles, and renders it at °' holy thing. We mult, gentlemen, bear conltantly in mind, that the prefent is a cafe of landed property; veiled by law in one fet of citizens, attempted to be divelied, for the purpofe of yelling the fame property in another fet of citizens. It cannot be aliimilated to the cafe of perfonal property taken or ufed in time of war or famine, or other extreme neceliity; it cannothe allimilated to the temporary poliellion of land itfeif, on a prelling public emergency, or the fpur of the occalion. In the latter cafe there is no change of property, no diveftment of right; the title remains, and the proprietor, though out of poflellion for a while, is {till proprietor and lord of the foil. The pollicllion grew out of the occalion and ccafes with it: ’1`hen the right of necrflity is fatisfied and at an end; it does not ali`e& the title, is tempo-- rary in its nature, and cannot exifi forever. The conllitution ex.- prefsly declares, that the right of acquiring, polfeiling, and pro- tecting property is natural, inherent. and uualienable. It is a ‘ right not ex graria from the Iegiflature, but ex debita from the eonltitution. It is facred; for, it is further declared, that the le- gillature {hall have no power to add to, alter, abolilh, or infringe any part of, the confiitution. The conflitution is the origin and meafure of legiflative authority. lt fays to legillators, thus far yp {hall go and no further. Not a particle of it lhould be lha- n; not a pebble of it lhonld be removed. Innovation is dan- gerous. One incroachmcnt leads to another; precedent gives irth to precedent; what has been done may be done again ; thus radical principles are generally broken in upon, and gre com . itutioo

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