, 1874-02-04

DISSENTING OPINIONS,


tn 1862, Num- d. Scott the p]autiffs in error
Having leased promises, as n nero private ontcr-
prise erected thereon tho warehouse described
in the information, in which to store grain for
hire. They then commenced tito business of
warcllousomcn, which was continued down to
Tho commencement Of this prosecution for ca-ry-
ing it on without lcouse from tho Circuit
Court OF Cook County SO to lo. It IL not
disputed that. for tho nino years they Carried on
tho business before July I, 1871, when tho act
in question wont into force. thoy liold titlo to
tho promises and exercised their employment
IN AcconpANoE TT1rlt THE LAW OF THE LAND;
aud 1t is not pretended that thoy lid 80 under
any grant Of tie Legislature iu tic nature Of 9
franchise or privilege. Thoir property Sas pri-
vato property; their business was wholly prl-
vato enterprise; md their rights in bo:l, woro
necessarily tia rights Of private property.
These propositions canuot be successfully COLI
trovcrted.
On account OF tho viowg expressod bv nv
brathro1l, and the conclusion arrived ut it bo.
conaos necessary to examine the quoations it,
Waived in this case upon elementary grounds,
All consideration Of Il franchise being excluded
from tho case, the examination, 10 far rs it re-
1atos to Tho naturo Of their rIahts, may bo regard
cd as precisely tlo sa,no as those by which
my individual may base claim of private rights
aml constitutional protection. THO natural
rgtR OF individuals arc antecodont to and exist
Independently Of tho Constitution. It Is the Of
flee Of tic hitter to secure, not to croate or be-
stow them. Therefore, The extent of constitn-
tional protection can only bo determined by;a
correct dofnitlon OF the rights 1t was intended
to accurc. For tint purpose I shall rc!y u1,on
ono authority Aloue, III
NOM; GAN QUESTION IT.
Chancellor Kolt aayg 1.-The absolute rights of
individuals NAV bo resolved into tLe riieIt Of
liberty and tho right to acquf,u aud enjoy
Constituted and roaoa{y docarea % by y0 tho lssy aoy
pc. Of this country to bo natural, inl,oront, md
inn'lonnblc'-l. nn4 t, kents Com. {comsochs Ed),
itself III civil society is that which my man IL
entitled to llayo or to do, or to require from,
others, within tic lnita prescribed BY INV"
Ihon plaintiffs IN error, it mist bu conceded,
lloaAohold estate, to erect tia warehouse upon
It, and employ tho Han,o in tho b,,sreHH OF
storing grain for reasonable reward or hire
nhtl, WHOM the act In question wont into force,
TINT right waa
. a VESTED ONE.
Az WIS said 1,y Cl,aae, J., in Calder y. Buu s
Datna, 3W: "When Any thit = right IL rested
in oitizan, l moan thAt I,o lns Tho I,owcr 10 10
ce'16tM actions. or to posAcss certain things,
according to tho lav Of tho land" And aya!i,
" "If my ono Inns right to properly, s.lcA light
ls q perfect and exclusive right"
1t u to secure theso rights that Governments
sro instituted. cnnnot stop TO giyo oven a
brlof aceo'lmt OF thu development Or tho lotl-
nltlo Of tho !'at'iral rights Of individuals ~
reungnizo1 by tho common law lo,,g before tie
Anor'eal, Noyo!utio,i. or how tLo words OF
MaEna CAartn bcuame fundamental III all our
gtata noyornnle,its, n,,1 Incorporated into tho
CONSTITUTION Of tho United Htatoa. | nrn CON
aldering question now solely 1it,tier ll,o Con
stitlition of this state,-ti,e yory tlrst section
Of whicll, nfter onraloraslng, tho rghta Of por-
ITO hcellrb Those rights
AMI rItE PROPORTION or PROPERTY,
governments Aro Instituted among mon. oto.
1hou tho lext noetou oml,tnlios tho sroat fuu,ia-
n'ontal doolnration Of NleEns Clartn ti,nt " M
person slall b9 deprived of II9o. liberty orprop
DO perceived arc t'lroo subjects, oull oxprosned
by nsnglo word respectively answering to a,ll
covering Tho ti,roo absolute iatural rlgiita, viz
tl'o rght Of pcruonal noullrty lie rIght uf por-
sonHl liberty. and to right 10 aoqulro aud eiJoy