The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1827-02-23

not. thereby. (by the constitutional ssopresl 10 the
osnuf ala at uHe poWei piule t~isNernmeuti 50
far. atlsssf. thai tho Government could no.
righflf tabe private property fom the osusr,
AMI gifcit to anoiri person, neiihsr rendering
public service. You commit q report, Hlat lie
right OF property beng = oataial Hght aud oil
e5asse aauycd rom a source paramount 10 al
government, Hat principle Is made applicable
a. the Government Of this state, la the fiIst sec
ton of,le Bill OF Rights, IN The follow ing words
THAI all mrn are by nature equally free and
independent, and nave certain inherent rights
ofwhich, wien fhey enter into a state OF society
tbeY cannot b. 49, compact, deprive o. ditcsl
ditir p~ostrit, namely. the cnJoS mcnt of li,
and hbettY, with the means OF acquiring and
possessing property, ana pursuing aud obtaining
|uapping5s. in pursuance OF thls principle, thf
find the following prov son IA tne
fourth SECTION Of thr Bill of Il ents That na
man, 81 srto Of men. are entitled 10 c elusive OF
separate e~molumrnts u privileges rom the com
munits but ~ consideration OF public services.
The same principles IS aso asserted ~ the a
mendments TO the Constitution of the Inncd
stafcs. aud ~ several of The state Constitutions
as will he seen ia the further progress Of this re.
foti. From these considerations, the committee
express a confident opinion, thai private pro
pcfty IS secured 20 tie owner by the State Con
sttution ~ such a manner that the Government
cannot, ughttnliy take itirom the owner and give
II 10 another person, not rendering public ser.
wee.
The next subject Of enquiry the committee
have examined with peculiar Gaze aud cifcnm-
s%peCtIon, 10 vii: Whether or moi any portion
oi The exclusive jurisdiction OF the Government
Of TINS State over territory, persons and things,
has since been granted to the General trD,cin-
mcnt by tn Constitution Of the tultcd tatcs F;
and, ii 50, 10 specify particularly each aud every
portion OF such jurisdiction, which may have
been 50 gianicd.' In regard 10 the exclusive
Jurisdiction whtchmay have been granted to the
General Government by the Constitution of the
United states, upon The most careful tcsicW OF
tJat Instrument, Tin committee can FIND no grant
Of exclusive jurisdiction over territory, made 10
the General rs]psclamenl by the States, a. par
tcs thereto, except the following Btl section Of
the lsl aiticle:-tIo exercise exclusive legs
latun IN all eases ~ halsocvcr, over such district.
tnot exceeding ten mics squafc,) as may by
ccsSton OF particular suites, alsl the acceptance
OF Z ongioss become the seat of Government o.
Ire Uuitcd states, aud to c]Aor'isc authority over
all places purchased ny the consent OF The lie
gIsiatute OF the state III which the same shall
be, Ion tic eleCtlon II iofts, magazines, afscnals
dvek Satds. and othcl nccdiul buildmes.n Viii
respect to the transfer of exclusive jurisdiction
b. thus state Ia he hrNCrnmcnt OF the United
state, over persons and IN ugs within us limits -
tie Committee would observe. that there az
certain specified powers Liautrd To- the GcucIaI
hoyctnmcnt, and, that % jurisdiction over PEI.
Sous and lhIngs wltnln the limits OF this State,
has al,o oecn gained 10 That Governmcnl, 50
fdf only 10 Is ncctssa y To carry INTO Effect ,hoso
, Rfc,hed powers. bn, tue committee CONCEIVE
tni, jurisdiction 10 be concurrent over the sa1nc
ItpIsftlH and IliaHt and mat - Il,tlty,. H. t.,.
Ju1 Suction applying 70 ali pn ppses oil gcnela Il,
prpfecton--Ine jurisdiction of tho General TO.
vcrnment applying only 10 the specified powcls.
The Committee with axe care ahd ci Cumspcc.
ion, have cNamlned nrneNt subject Of cnqury:
that Is TO say, Whether aey power has been
granted 10 the GencralhoYefnmcntto violate the
right OF private pfopetty At us discretion, and,
more paI ticnlail,, 10 take private pfopcrt, from,
tin o"ncr, and give II TO another person, heather
0endrrug pubic service = aud lrport, with
confidence, that no power whatcsc, has been
glantcdtu the General Government To viplat,
tue right OF private property at lis discretion.
sso1 Ia tahc ptnatC property irom the owner.
aud sf't 10 anolhet person, not rendering
pubic service. SO Tar from II. that IN addition
10 the guarantees herein before mentioned, tor
the protection OF private property to the Owner.
the committee find the olion ing solemn pledge,
IN the an endncnts to the Constitution Of the
United otates EHnaet rom nticle 9th. i" Nc
persons shall, &c. la deprived OF life. liberty
OF property, without due process of law non
shall private property, be taken Tor public
use. without Just compcnSa- ton Az
1cic 9th. The enumeration IN the Con
~sttnton of certain rights, shall not be con
I ned todeny or dlsparage others retained I,
the people Article 10. &" Inc bowers MOI
o. leattd to the United States by the Const,tu
ton, nor prohibited, by II 10 tie States, ale re
served 10 thu otatcs respectively, or to the pco
pic This principle OF the security of proper
" seems TO have pervaded the fundamental law,
OF almost every state IN the Dnlon aud to hav,
been expressly declared therein in some folm o
other, as will appear from the follow lng extracts
1 rom the Bill OF lHghts-Ncw Hampshire. "AI
men have certain natural, essential and inheren
~rights-among which are tine enjoy my, acqulr
NJ possessing and protecting property" From
the Declaration of Rug Observation-Disclosures al
men are free aud equal, and nave CERTAIN natu
raj, essential and unalienahlc lights anon,
which may he teckoncd the rght Of rujoyin.
and defending their lives aud liberties that o
acquiring possessing and protecting property,
&c. Audagan, mo man. OF curporatiun n
association OF men, have any other tile To ob
tam advantages; or particular aud cSclusiy,
pinIIeges, distinct from those of the community
than " hat arises from the consideration of srry
COS rendered 10 the public From the Dccla
f'inn of X ghts-kermont. Aftc, the like de
e%'ataitoh Is he right OF property, is the follow
ing lIai private property ought To be sub
sctNlcnt 10 public USES when necessity tronlrr
II nevertheless, when any persons property i
token tor The use ofthc public. the owner onph
10 receive an equivalent in money" From In,
Declaration of lights-Maryland. That mo
napollts are OdIuus, contrary tn The sn,,it of