Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-09-27

object IN view than the exhibition of his talent and ID
formation IN the defence of lis end .'JUNII;s g. CO.
Voiiey OF inVecve and CRITICISM" euncoreous am
harsh aiInadyersOns" "unjus;y illiberly assaiied
he Editors of the Wing whose ternpers seem 10 sut
like bawd and brandy with disputc" aud other clas.i
cal expressions, might also be produced beautiful IL
lustrations of this species of argument.
But the definition of post facto law in Blackstone
Calder VS. Bull, and Fletcher Peck, are no author-
Ties 20 support the limited technical sense we insisted
on 1.-THE opinion of Blackstone aud of the Judges OF
the Supreme Court of the United States is not au-
thoriy with CARO-, we should be thankful if he would
inform us, whom aud what he does consider authority
Till ihs be DONE shall be contened with the rest
our 'eiow czcns oIook upon them authority" in
all cases. saving nevertheless all questions of constu
uohai Ia" 10 which the constructive and implcatIve
doctrine Is involved.
CATO however contends, hat the instances which we
IN aiorHer number mentioned, TO shew that the Legs-
laturc could take away vested rights without the CON
sent OF the individual In be affected which the Cham
ccior Denied are inapPcablc because he saws the Le
gsature always grants compensation for the damage
sustained Tins is sheer trihng. The question is not
whether the Legislature remunerates the individual
whose property taken but whether il can depriye him
OF 1t wtoW has cOnSentand the cases citcc hy Ms con-
cusvey established the right Of the Legislature under
the Constitution, TO seize the public uses and for tho
public benefit, the property of the citizen without his
consent; and when the interest of the conmup;tv will
be promoted that department when untrammeed bv
the Constitution, may also annex any duty 70 the ind
cal othce without the consent of the incumbent which
is calculated to subserve and advance the interests of
Tue pubic; and the imposition of the new duty is in
perfect accordance with the spirit of Institutions
and the uniform course of our Legislation.
we reiterate the assertion, Notwithstanding the opi
mon OF Judge Pendleton, that the act converting es
'd'eS TAN INTO fee-smPle IS retrospective in its onera
uoh ana did affect the rights Of individuals witbout
'helr consent Whether those rights be vested or CON
ungen' provided they rights deem of secondary
for If that body deprive man of one
description OF rights, IT may by parity of reasoning
deprive am OF another An estate tail is an estate
granted TO man and the heirs of his BODY This is
general TAIL but the same principles will govern all
tins class OF estates Real property conveyed in tail
then, under the Statute ''de donis conditional;h
at all events 1cent 10 the issue heirs of te bod
OF the tenant, any he had; if not 1t reeyged to tho
donor OF the estate. The donee no matter ,yh,t
may be the opinion OF some rs to bis ;t.
conid neither charge nor alien the estate If the
tenant sold IT. the issue might after his decease
recover 1T by writ of formedou in descenJar.-Tbe
donor might recover it, if the tenant died without is
sue 1t would then seem very strange that the law
provided remedy, by which man might recover pro-
perry TO Which he had right. But even if we had
been wrong in citing this law as an illustration Of the
principle we advanced it by no means affects our qen
cra conclusions.
We nave now done. Every public officer in a re-
public holds his Office for the public benefit; he is the
mere ser' ant and trustee of the people, and bound 70
yield TO any anu every which promotes their
interest and ongenence, which is not directly AZ WAY
"!h the provisions of the constitutions ar yioa,ive of
those provisions by necessary and evident mpIcation
as when the obligation, duty or condition iroDosed is
inconsistent with the due and fr,,ful DISCHARGE IF the
judicial functions. Any other Interpretation of orr
constitution, which already sufficiently defective is
calculated to apede and suspend all the operations OF
the GoYcrnmcnt.n