Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1820-02-16

I commentator; !" So great, moreover, is the
regard Of the law Tor private property, that
| il will not authorize the least violation Of il (;
no, not even for the general good Of tile r'sols
community. If new road, for instance,
were to be made through the grounds OF a
private person, it might perhaps be extern
siyely beneficial to the public. But the law
permits no man, nor set of men. to 30 this,
| without the consent of the owner of the land.
In vain may be urged, that the gool of the in
dividual ought to yield to that OF the conmu-
nifty for it would be dangerous to allow any
private man, or even any public tribunal, to
be the Judge Of this common good, and to de-
eide whether it be e1pedent OF no. Besides.
the public good is in nothing more essentially
interested than in the protection OF every IN
dividual's private rights, as modelled by the
municipal law. In this, and similar cases,
the legislature alone can. and indeed fire.
quently does, interpose, and compel the in
dividual to acquiesce. But how does it in
terpose and compel Not by absolutely
stripping the subject of his property, in an
arbitrary manner, but by giving him full
| indemni6cation and equivalent for the injury
thereby sustained. The public is now con-
sidered as an individual treating with an in.
! dividual for an exchange. All that the legis.
lature does, is to oblige the owner to ALLEVIATE
his possession for reasonable price: and
even this is an exertion of power, which the
legislature INDUCES with caution"
Norris this the on y instance in which the
law Of the land has postponed even public
, necessity to the sacred and inviolabIe rights
of private property. For no subject of Eng
land can be constrained to pay any aids or
taxes, even for the defence of the realm, or
the support of government, but such as are
imposed by his own consent, OF that OF his
representatives in parliament. BY the stat.
rs Edw. CHI and 6, it is provided that
the king shall not take any aids Or tasks, but
| by the common assent Of the realm. And
what that common assent is, is more fully Ak
planned by "a Edw. sat 4, CD. which
enacts that no talliage or aid shall be taken
without the assent of the archbishops, bishops,
earis, barons, knights, burgesses, and others,
ireemen of the land which statutes are en-
forced by IA Edw. 3 stat. 2 CD. and by
the petition Of right 3 Car. !, one article of
which requires thai no man shall be compel
led to yield any gift, loan, or benevolenee,
tax, or such like charge, without common
consent by act of parliament, and lastly, by
w. & NJ. stat 2. ch. e.
Here ii might be proper TO terminate this
enquiry, as the conclusion to which we have
arrived is founded on principles and support
ed by authorite, winch must demand the as
sent OF every unprejudiced mind. But the
Importance of the subject, at least TO a por-
ton of the community, will justify If il does
not require reply to the arguments which
have been adduced in favor OF the power as
sumed by Congress,
Ii has been oontended,* that the constitu-
ton itself gives TO Congress this right, when
it declares they shall have power TO exer
else exclusive legislation, in all cases what
soever, over such district (not exceeding tell
miles square) as may, by cession ofparticu.
larstates, and the acceptance Of congress,
become the seat OF government"
To THIS answer. ltwas principle well
understood by the American people at the
time this constitution was ratified that no
provision or clause in it, whatever, could Ell
ther by implication, construction, or other.
W Use oe made TO impair the natural and mali
enable rights of individuals and this princi- |
pie will apply with equal force TO the mia
bitans OF this district as TO any other portion
OF the union.
But, if this principle had not been assert
ed in manner the most formal. at the time
the constitution was ratified, it would have
been necessary consequence OF the decla- |
Ration, IN the very beginning OF that instru-
meat, that il was formed by the people them
selves. A constitution or frame of govern
ment, is but the contributed rights of indiyi-
duais. 1t Is evident, therefore, that the peo-
behaving 10 RICH. themselves, could confer
no right 10 impair either their own liberties or |
the liberties of others g EQUAL n ;Strihu,ion of