Page:United States Reports, Volume 2.djvu/318

 SI2 Casas ruled and adjudged in the 1795. {titution eventually deftrofyed. Where is the fecurity, where die V'V* inviolability of property, i the legillature, by a private act, affect; ing particular perfons only, can take land from one citizen; who acquired it legally, and veit it in another? The rights of private property are regulated, protected, and governed by geneé ral, known, and eltablilhed laws; and decided u on, by general, known, and eltablilhed tribunals; law:. and trigunals not made · and created on an inltantexigency, on an urgent emergency, to ferve a prefent tum, or the interelt of a moment. Their operae - tion and influence are equal and univerfal ; they prefs alike on all. Hence fecurity and fafety, tranquillity and peace. One man is not afraid of another, and no man afraid of the legillature. It is infinitely wifer and fafer to riik fome pollible mifchiefs, than to veft in the legillature fo unneceffary, dangerous, and enormoua ‘ a power as that which has been exercifed on the prefent occalis on; a power, that, according to the full extent of the argument, is houndlefs and omnipotent: For, the legillature judged of the neceility of the cafe, and alfo of the nature and value of the equivalent. .- __ _ _ ` Such a cafe of necellity, and judging too of the compenfai tion, can never occur in any nation. Singular, indeed, and un·=· ' toward mult be the {tate of things, that would induce the Lei gillature, fuppoling they- had the power, to divelt one individual of his landed eltate merely for the purpofe of velting it in anoé ther, even upon full indemnification; unlefs that indemnilicaa tion be afcertained in the manner which I lhall mention here; after. ` ` But admitting, that the Legillature can take the real eltate of A. and give it to B. on making eompenfation, the principle and reafoning upon it go no further than to {hew, that the Legiilaa ture are the fole and exclulive judges of the neceility of the calc, in which this defpotic power lhould be called into action; It cannot, on the principles of the focial alliance, or of the Conltia tution, be extended beyond the point of judging upon every exe ilting cafe of necemty. The Lcgiilaturc declare and enact; that fuch are the public exigencies, or necellitiea of the State, as to authorife them to take the land of A. andgive it to B. 3 the dictates of reafon and the eternal principles of jultice, as well as the faered principles of the focial contract, and the Con-¤ ltitution, direct, and they accordingly declare and ordain, that . A. {hall receive cornpenfation for the land. Bur here the Le·= . giilature mult {top; they have run the full length of their authoa rity, and can go no further: they cannot conltitutionally dea ` . termine upon the amount of the compenfation, or value of the hud. Public exigencies do not require, necellity does not de- mand, that the Legillaturc lhould, of themfclves, without the participation of the proprietor, or intervention of a jury, affehlg Q

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