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Page:United States Reports, Volume 2.djvu/321

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Cntctur Couar, Ptnrwlbauia Diltiiét. gt; dr by the intervention of the Judiciary, of which a jury is a tygg. component part. In the iirli cafe, we approximate nearly to a nov`: eontraél; becaufe the will of the {party, whofe property is to be · afeéted, is in fome degree exerci ed.; he has a choice; his own a£t cooperates with that of the Legillature. In theother cafe, there is the intervention of a court of law, or, inother words, a `ury is to pafs between the public and the individual, who, afier hearing the proofs and allegations of the parties, will, by their verdiél, ix the value of the property, or the fum to be paid for it. The compenfation, if not agreed uponby the par- ties or their agents, mult be afcertained y a jury. The inter- polition of a jury is, in fuch cafe, a conliitutional guard upon . ropert , and a necellary check to legillative authority. It is a barrier between the individual and the legiilature, and ought ne- ver tobe removed g as long as it is preferved, the rights of pri- vate propertywill be in no danger of violation, except in cafes of abfolute neeellity, or great public utility. By the eonhrming aéi, the value of the land tahen, and the value of the land to be paid in reeompenfe, are to be afcertainedby the Board of Proper- ty. And who arethepcrlbns thateonkitutethie board? Men appointed by one of the parties, by the Legiiature The perfon, whole property is to be divelled and valued, had no vo- lition, no choice, no co-operation in the appointment; and be- lides, the other conltitutioml guard upon property, that of a jury, is removed and done away. The Board of Property thus conliituted, are authorifed to decide upon the value of the land: to be taken, and upon the value of the land to he given by way of equivalent, without the participation of the party, or the in- tervention of a jury. 2. The nature of the compenfaiion. _ — Bytlte aél: the equivalent is to be in land. No juli: com; penfation can be ntadeexeept in, money. Money is a common iiandard, by compatifon with which the value of any thing may be afcertained. It is not only a lign which reprefents the re; fpeélive values of commodities, but is an nnivcrfai medium, ealily portable, liable tolittle variation, and readily exchanged for any kind of property. Gompenfation is a recompence in value, a quid pm quo, and muftbe in money. Trueit is, that . land or any thing elle may be a compenfation, but then it mult be at the eleétion of the party ; it cannot be forced upon him; His eonfent will legalife the a&, and make it valid; nothin lhort of it will have the eEe£l; It is obvious, that ifa jury pa§* upon the fubjeét, or value of the property, their verdiéi: mult. be in money. _ - _ To clole this part of the difcourfe : it is contended that the Lcgillature mull; judge of the necellizi of interpoiin their del'; ponc authority ; it is a right of nece ity upon whisr no other Rr 2 power