left to the control of his own church taining thereto: so the merchant, tradesman are left to the operation respective callings. The results are the voluntary zeal and activity of 1 more marked than in the United Stat occupations, the energy of industry pursuit of wealth, were never mor among our people.

OF PRIVATE PROPERTY TAKEN FOR

365. "Private property shall not be use without just compensation."*

There are two cases in which Govern takes private property for public use. way of the taxes levied upon all the pe tion to their property for the purpose of ular expenses,† for taxes are the pri tection which the Government gives liberties and remaining property of th and their families.

366. The other case is when the Gover *Federal Constitution, Amendment V.

LESSON XXXVII.-365. In what two cases may the Govern private property for public uses? What is the consideration ernment to the people for the taxes they pay?

366. Why, and on what conditions, is it proper for the G other private

land for the erection of public buildings, forts,
houses, navy yards, railroads, or canals, all where
a greater good to a greater number of people tha
land is to its owner. And, in case of war, an arr
need of supplies will take the horses, wagons, and
of the farmer, or goods of the merchant. In all
cases, what is wanted by the many (represente
the Government) must often be taken from the :
But if it were taken without paying the
value thereof, then the few would be oppre
by the many, and great injustice would rez
For instance: if the country be invaded, it benefit
the citizens alike to have the enemy beaten. All t
fore should pay in proportion to their property for
expense of defending the country. If, however
individual were liable to be deprived of all he has
the public benefit, he would be assessed much more
his share of this expense, while the public would es
payment for what is thus applied to its benefit. Jus
and equality therefore require that what the
lic needs, the Government shall have the righ
take, but it must pay a fair compensation fo
If the owner refuses the price offered by the Go
ment, the latter will take the property, and afterw
pay such amount for it as the verdict of a jury, or
award of commissioners, will pronounce a fair com
sation. In this way only can the Governn
perform its duty to the people without either
pressing individuals or being defrauded by th
For it often happens that the Government is the
purchaser for a piece of land so situated as to be in
pensable for a fort, a lighthouse, or a road, and
worthless for any other nurnoso hut for which

LEGAL IDEAS.

emergency, the owners of articles of troops might refuse to furnish t times their value. Thus the many the benefit of a few, and the powe Government seriously crippled or e vidual greed.

Private property must therefor Government, when the public goo the owner thereof must be compe value of such property,

PART III.

LECTURES ON THE DUTIES OF

THE AMERICAN CITIZEN.