The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-04-03

: the opinion that the purchaser is safe.
there be any concealed defect, arising froii
the conduct OF those who had held the pro
perry long before he acquired it, OF which
he had no notice, that concealed defect can
not be set up against him. lie has paid hi
money for a title good at law, he is innocent
whatever may be the g:it of others, ant
equity will not subject him to the penal;ie.
attached to that guilt. All titles would he
insecure, and the intercourse between mar
and man would be very seriously distracted
it this principle be overturned.
A court of chancery, therefore, had bill
been brought 70 set aside the conveyance
made TO James Gum and others, rs being
obtained by improper practices with the lie
glslaturs, whatever might have been its dc
cision as respected the original grantees,
would have been bound, by its own rules.
and by the clearest principles of equi-
ty, to leave unmolested those who were pur-
chasers without notice, for L valuable consi-
Iteration.
If the legislature felt itself absoived from
those rules OF property which are common
to all citizens of the United States, and from
those principles ofequity which are acknow-
lodged in al! our courts. its act is to be sup :.
ported bY its power alone, and the same
power may dvest any o,hcr individual OF his
lands, lift shall be the will of the legislature
so to exert it.
IL is not intended to speak with disrespect
OF the legislature of Georgia or of it's acts.
Far from it, The question is general
question, and is treated as one. For although
such powerful objections to a legislative
grant, as are alledged against this, may not
again exist, yet the principle, on which "a
lone this resembling act is to be supported.
may be applied to every case to which it
shaii be the will of any legislature to apply
It. Ehe principle e this that 2 Legislature
may, ny It's own act, divcst the vested es.
tate OF any man whatever, for reasons which
shall, hy itself, be deemed sufficient
In this case the legislature may have had
ample proof that the original grant was oh
tanned by practices which can never be too
much reprobated, and which would have
Justihed Its abrogation so far as respected
.nose 20 whom crime was imputabe. But
the grant, when issued, conveyed an estate
IN fee simple to the grantee, clothed with all
the solemnities which law can bestow: This
estate was transferable and those who
purchased parts ofit, were not stained by
that guilt which infected the original trans
action. Their case is not distingushable
from the ordinary case of purchasers of g.
legal es ate, without knowledge of any secret
fraud which might have led to The emana tion
OF the original grant. According to the
wen known Course OF equity, their rights
could not be affected by such fraud. Their
situation was the same, their title was the
same with that Of every other member of
the community, who holds land by reg
uiar conveyances from the original patentce
IS the power of the legislature competent
10 the aHnihilation of such title, and 10 re
sumption OF the property thus held?
the principle asserted is, that one iegisla
sure Is competent TO repeal any act which a
former Legislature was competent to pass :;
ana that one legislature cannot abridge the
powers OF succeeding legislature.
Inc correctness OF this principle, so far as
respects general legislation, can never be
controverted. But, if an act be done under
a law, succeeding legislature cannot undo
&c. ne past cannot be recalled by the most
absolute power. Conveyances have been
made those conveyances have vested legal
estates, and, ii these estates may be seized
by the sovereign authority, still, that shey
originally vested is 2 fact and cannot cease
| to be a fact.
When then. iaw.is, in IT'S nature, a con-
tract. when absolute rights have vested un
ger mat contract, d repeal OF the law cannon
diVest those right. and the act of annui
Ing them, II legitimate, is rendered so by
power applicable to the case ofeYery indi-
Nioual In the community.
1t may we'll be doubted whether the ma
| tnre OF society and of government does not
prescribe some limits to the legislative pow
er and, If any be prescribed, where are
they to be found. if the property of an indi-
vldual, fairly and honestly acquired, may be
selzed without Compensation
10 the Legislature, all legislative power
is granted but the question, whether the
| act OF transferring the property of an indi
Viduai 10 the public, be in the nature of lie
gisiative power, is well worthy of serious
reflection.
IL isthe peculiar province OF the Lesis!a~
ture to prescribe general rules for the 90
vernment OF society; the application of those
rules to individuals in society, would seem
to be the duty of other departments How
TAR the power OF giving the law may involve
every other power, in cases where the Con
situation is silent, never has been, and per
hsps never can be, definitely stated
The validity of this resembling act. then.
might we'll be doubted, were Georgia a.
single sovereign power. But Georgia can
not be viewed as single uDconnected sore
reign power, on whose Legislature no other
restrictions are imposed, than may be found
IN It's own Constitution. She is part OF a
large empire, she Is member Of the A
Tnerlean Union, and that Union has a Con-
sttutlon, the supremacy of which all ac
Knowledge, and which imposes limits to
the Legislatures of the several states. which
none claim Alright to pass. The Constitu.
ton OF the United States declares. that ne
state shall pass any bill of attainder, e1 hosf
facto law, or law impairing tile obligation Of