BINNEY'S CASE. 120

This power to condemn private property, is a portion of the
eminent domain of the government, granted to this body politic,
which should never be exercised by the government itself, but
with great caution, and in cases most obviously for the public
good. When, as has been justly observed in our country, the
legislature undertakes to give away what is not their own, when
they attempt to take the property of one man, which he has fairly
acquired, and the general law of the land protects, in order to
transfer it to another, even upon a complete indemnification, it will
naturally be considered as an extraordinary act of legislation,
which ought to be viewed with jealous eyes, examined with
critical exactness, and scrutinized with all the severity of legal
exposition. An act of this sort deserves no favour; to construe
it liberally would be sinning against the rights of property, (n) In
England, it has been said that all courts have, for obvious reasons,
at all times, construed such legislative enactments most strictly.
Whatever such enactments require to be done, as a condition pre-
cedent to the extraordinary right of making roads or canals over
private property, has always been exacted to the letter, and the
party omitting has been held a trespasser, (o)

From which it follows, that, although the works of the compa-
ny may be repaired, or any thing may be done to render them more
safe, substantial and perfect, yet no additional extent of land can
be taken, nor can any canal, or other work be, in any way, altered,
remodelled, shifted in its location, or enlarged, so as to be spread
out beyond the extent of the first selected purchase or condemna-
tion.

Now, recollecting what it is, that constitutes a natural mill-site
on the margin of a descending stream; the peculiar character
of this river; and, the general tenor and scope of the act incor-
porating The Potomac Company, we shall find ourselves properly
prepared to undertake the consideration of that section of it, which
is in these words :

' And whereas, some of the places through which it may be
necessary to conduct the said canals may be convenient for erec-
ting mills, forges, or other water works, and the persons, possessors
of such situation may design to improve the same; and it is the
intention of this act not to interfere with private property, but for the
purpose of improving and perfecting the said navigation, Be it

(n) Vanhorne's lessee v. Dorrance, 2 Dall. 318.—(o) Keppell v. Bailey, 8 Cond.
Chan. Rep. 118.