Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1815-07-24

self to destroy the grants, nl ,.sa' e.. 4
exsrcise % a power the INST arb;,s,.u.
oppressive and unjust, and cTd,',o olte'y
because {. i could not be resisted. ''r :, Nil
aot forfeited (; for the churches lad !, W, va
United no offence. The dissala aG Con
the regal government no mere Js ,t,', .
the right to possess or enjoy tn pron:. :.
than it did the right Of any Other %r SP.I
lration or individual to his or il. o,, Io.l'
Fperty. TIE dissolution O. tbr forlr, Q
government did nor involve in il , d.; v
Tuition Of civil rig is, or a. Sbol;f o,'S :,
the common law under VII Oh tho inI.. !.
|tances OF every man in the state w..
Eheid. The state itself succeeded o o,I
70 the rights Of the crown; and. Te M,
add, with many flower CT p,ero,.S =,
struck from It's hands. Il has beoS1 '. ..
serted as a principle cf the c NUN i,n.
that tie division OF an empire cre,ts. :,
forfeiture Of previously vested riog ,, - =,
property. Kelly v. Harrison. . H., o
e, 29.--Jackson V. Iunn, s join. = ' Yno
Calyin's case, Z. CO. 27.-And ;Msn 49,
/ ciple IS equally consonaht with r.. = ~, ~
mon sense OF mankind and the r,av;r,s '' d.
eternal justice. Nor are we able ;ar.
celve anv sound reason WHY lie Chm,
LANDS eseheated er deyqlr 4 .,.a, =.
state By the revolution an more 49,.
the property OF any ether core,a,;cr
created BY The royal bounty Or e.,slB,,.
ed BY the Legislature. The reyohfa,
n'ght justly take awaY the public rsf,,1
mage, She exclusive cye Of sous. and
Iths coHlPuislve taxation f5r the ssnforta
the church. Beyond these we sre e.
prepared to admit tie justice or he a.
thorlty OF the exercise Of legislation.
1t is rot, however. necessary 70 ,.o
this cause upon the genera doctrines al
ready asserted; for, admittirg that b.
the Revolution, tie church lands AsyoIy.
ed en- tie state, the statpte of l7sG. Oh
9. operated as a new grant and CO.. fr.
nation thereof to the use Of tie cig-l
II the Legislature possessed tie autfc.
rlty to make such grant ard confrHa
ton. it is very clear TO our minds TIA. Il
vested an indeieasabIe and ineycrass|
title. We have no knowledge fspy an
thority Or principle which could suWof|
the doctrine that legislative grant ism-
voeabte in its own nature, and held mlv
durante bene placito. Sach doctre
would uproot the very foundations Of a.
most all the land titles in Virginia. ard
utterly Inconsistent with a great and iur
damental principle Of a republican 8.
vernment, the right Of the citizens %
free enjoyment OF their property lceaLr
acquired.
It is asserted hv the Legislature cf VI
GINA, in 1903 and 1901, thar th, STAGE
was Inconsistent with tie bisI Of rigb
and constitution of that state, aud tet.
fore void. Whatever wejg|.t such de-
claration might properly have as taeCr'
0ion OF wise and learned men. as = 4"
claration of what the law has been or =
It ear have no decisive authority. ~
1owever, encountered By the opinion flr
,essiveIy given by former lc4isaur'
rom the earliest existence Of lie copa'
.utjon itself, which aere composed d
men ofthe very first rank for talents a'c
earning, And this opinion, toe, i ri
only q cotsmporaneous exposition d..
constitution, but has tie additional! "s
haiti was promulgated or scgmcscsdn
" a great majority: if not the 0bo.'.
he very trainers Of the coh-titlhsa
Without adyerting, however, to tie ~
lions on the one side or the other, Tore
easons which have been already ]at'
md others which we forbear 10 press
hey you'd lead to too proIiS ana e:en@
ary an examination. we are OF cil'
sat the statute Of l7T6, en-. .. is rc y,
,onsistent with tie constitution or oil FL"
ights of Virginia. We me prepared .
% vet farther, and hold that tic statue
# 1884, ch. SO, AMI lT8 Oh. ST. were
% Infringement G! any rigats sec',D =,
blended to be secured under uc '"'
ution, either civil, political, orreLsia'
How far TIE statute Of lJot, cF. I&r
,eaing the statute Of lTG4. Oh. 20. m"
,crating The Episcopal churches; enc
ubseauent statutes niurI.crarCe'ia"
# 1888, Oh. ~. and oh. IS, were ,".
istent with the principles Of civil u,
r the constitution OF Virginia, IS q ~,
ect Of much delicacy, AID rerl'fIs, ~
yithout difficulty, 1t j: obser'ab,e' ~.
yer, that they reserve 70 tie cI" ,....
Il their corporate Properi,y, 'r1 ... ...
se the appointment Of trust"r' :. ~,
age the same. 8 p,iCGtc colF7'"t,