The constitution encircles, and renders it an holy thing. The constitution expressly declares, that the right of acquiring, possessing, and protecting property is natural, inherent, and unalienable. It is a right not ex gratia from the legislature, but ex debito from the constitution. The constitution is the origin and measure of legislative authority. It says to legislators, thus far ye shall go and no further.
Innovation is dangerous.
Hence security and safety, tranquillity and peace. One man is not afraid of another, and no man afraid of the legislature. Such a case of necessity, and judging too of the compensation, can never occur in any nation. But admitting, that the Legislature can take the real estate of A. and give it to B. on making compensation, the principle and reasoning upon it go no further than to shew, that the Legislature are the sole and exclusive judges of the necessity of the case, in which this despotic power should be called into action. It cannot, on, the principles of the social alliance, or of the Constitution, be extended beyond the point of judging upon every existing case of necessity.