3 Mass. 184 | Mass. | 1807
The verdict in this case is in direct contradiction to the record, which says expressly that the respondent appeared, but did
Proceedings quashed.
[As to the question how far the act of 1795, c. 74, is consistent with the constitution, see note to Stowell vs. Flagg, 10 Mass. 366.—To what is there said, it may be added, that, by the tenth section of the declaration of rights, it is declared that no part of the property of any individual can, with justice, be taken from him, or applied to public uses without his own consent, or that of the representative body of the people. If judicial decisions, and very long practice in this and analogous cases, had not determined otherwise, it would seem clear that authority must be given in each case by the legislature, as is the case in England. For the power is expressly intrusted to them alone; and to them only, when the public exigencies require it; and they, according to the rules of law, cannot delegate it to a jury, or any other persons.—Ed.]