Page:United States Reports, Volume 2.djvu/322

 gt6 Cases ruled and adjudged in tire typ;. power in government can decide : That no civil inltitution is tar`: perfect; and that cafes will occur, in which private property rnull: `eld to urgent calls of public utility or general danger. Be it ft;. But then it mult be upon complete indemnification to the individual. Agreed : But who {hall judge of this? Did there alfo exill: a {tate necellity, that the Legillature, or perfons folely appointed by thcm,~mull admeafure the com- penfation, or value of the lands feized and taken, and the valid.i;yuof the title thereto? Did a third {late necetlity ex- ilt, t the proprietor mult take land by way of equiva- lent for his land And did a fourth llate necedity exilt, that the value of this land-equivalent mult be adjulletl by the board of property, without the oonfent of the party, or the inter- ference _of a jury? Alas! how necellity begets neceility. They rife upon each other and become endlels. The proprie- tor ilandsafaroli§ a folitary and unproteéled member of the community, and is llriptof his property, without his confent, without a hearing, without notice, the value of that property judged upon without his participation, or the intervention of a ]ury, and the equivalent therefor in lands afeertained in the fame way. lf this be the Legillation of a Republican Govern- ment, in which the prefervanon of properyty is made facred by the Conltitution, I alk, wherein it dilfers om the mandate of an Ajatie Prince? Omnipotence in Legillation is defpotifm. According to this doctrine, we have nothing that we can call our own,or are fure of for a moment; weare all tenants at will, and hold our landed property at the mere plcafure of the Legillature. Wretched lituation, precarioustennre! And yet we boalt of property and its fecurity, of Laws, of Courts, of Coulthu- tious, and call ourfelves free! In lhort, gentlemen, the con- lirming ai} is void; it never had Coniiitutional exiflence; it is a dead letter,. and of nomore virtue or avail, than if it never had ben made. Il. B nt,ad.tnitting the conlirming a€t to be Conilitutional and vahd, the next tl1bje& of enquiry is, what is its operation, or, in other words, what conllruélzion ought to be put upon it. It is contended, on the part of the defendant, that on the patlingnf the ad}, the ellate was divelted from the Perm- fylvzmia claimants, and inllzantly veiled in the Cauncélicuf fettlers. To decide upon this qucilion, it will not beamifs to lay down a_rule or two of expoiition, applicable to the af]: under conlidcra- tron. A llatutc {hall never have an equitable conilruéliotr in ortlcr to overthrow or divcli an' cllate. Every ltatute, derogatory to the rights of property, or that takes away the ellate of a citizen, ought to be conllrued llriélly. _ ` Let

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