Page:United States Reports, Volume 2.djvu/320

 3:4 Cas'.; ruled and adjudged in the 1795- 1. 'llic mode or manner, in which compenfation for the lands , is to be afcertained. j 2. 'lhe nature of the compenfation itfelf. , 'l`hc Penn/'ylvunia claimants are direéted to prefent their claims Q to the Board of Property—and what is the Board to do there- E Upon? Why, it is, _ ‘ 1. To judge of the validity of their claims. z ` ‘ a. To afcertaiu, by the ai and through the medium of com- millionera, appointed by the Legillature, the quality and value of the land. » 3. To judge of the quantity of vacant land to be granted as an equivalent. This is not the conllitutional line of procedure. I have al- ready obferved, that there are but three modes, in which mat- ters of this kind can be conduélcd conlillently with the princi- ples and fpirit of the Conititution, and focial alliance. The lirlt of which is by the parties, that is to fay, by the Legillature and proprietor of the land. Of this the Britj/6 hiflory prefents an sllulirious exalrpgie in the cafe of the yl: {Mun. ' ** The dilti juril`diEtion of this litt e fubordinate royalty being found inconvenient for the purpofes of public 'ullice, and for the revenue (it ahbfding a commodious afylum llor debtors, outlaws, and fmugglers) authority was given to the treafury, by ilatute tz. Geo. L c. 28, topurchafe the intereil of the then roprietors for the ufe of the Crown; which purchafe was at l)en th compleated in the year 1 765, and confirmed by ltatutes 5. (geo. HL c. 26 and 38, whereby the whole illand and all its dependencies, lb granted as aforefaid (except the landed pro- petty of the Alba!} family, their manerial rights and emoluments, and the patronage of biihoprielrs, and other eccleliallical benefi- ces) are unalienabz veiled in the Crown, and fubjedted to the ` regulations of the  excife and eultoms.” 1 BI. Cam. 107. Shame to Ammlwn legillation l That in England, a limited monarchy, where there is no written eonltitution, where the Par- liament is omnipotent, and can mould the Conllitution at plea- fure, a more facred regard fhould have been paid to iproperty, than in Jmerim, furrounded as we are with a blaze o political illumination; where the Legillatures are limited; where we have republican governments, and written Conllitutions, by which the proteélion and enjoyment of property are rendered invio- lable. _ The cafe of the Mr qfMnn was a fair and honorable llipula- tion; it partook of the fpirit and effence of a contraélg it was free and mutual; and was treating with the proprietors on equal terms. But if the bulinefs cannot be eli`e£ted in this way, then the value of the land, intended to be taken, lhould be afcertain. why commillioners, or perfons mutually elected by the parties, DT

�