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204 WILLIAMS' CASE.
without issue, the proceeds of sale shall be considered as real
estate, and shall descend to those heirs who would be entitled to
the land if it had not been sold. (n)
There is every reason to believe, that these public and general
acts of Assembly, which it is proposed by this petition to have put
in execution, were passed in consequence of the numerous appli-
cations which had been previously made to the Legislature for
authority, by special estate acts, so to dispose of the property of
infants, as most judiciously and effectually to maintain and edu-
cate them; and in order to turn over to the courts of justice a
class of cases which, evidently, belong more properly to the judi-
cial than to the legislative department of the government. But
these laws, like some others of no less utility and importance, lay
open to the most latitudinous construction, and pernicious appli-
cation; and therefore require to be carefully considered, and in
each case very guardedly carried into effect, (o)
By virtue of the power of eminent domain, which belongs to
ours as to all other governments, private property may be taken for
public use, on a just compensation being made. But it may be
safely assumed, that the Legislature can, by no act, take the pro-
perty of an adult citizen from him and give it to another, for any
purpose, with or without compensation; and that no adult citizen
can be compelled to use, apply, or alienate his property in any way
whatever merely with a view to his own benefit and advantage.
The holding and the application of private property, at the plea-
sure of its owner, so it be not as a nuisance or made injurious to
others, according to the fundamental principles of our government,
are rights so absolute, that no power in the land can touch or con-
trol them in any degree whatever. Infants, it is clear, hold their
property by the same kind of absolute and uncontrollable rights as
adults. It is the duty of the state to protect all her citizens; but
more especially her infants, for whom she is bound to provide
maintenance and education, in case they should be without parents
or pecuniary means. The state has a deep interest in the proper
maintenance and education of her infants; and, consequently, it
must be within the constitutional competency of her government
to make any legal provision necessary to facilitate the application
of the property of infants to such purposes, as well for her own
(n) 1816, ch, 154; 1818, ch. 133, s. 2, and ch. 183, s, 7,12 and 18; 1819 ch. 183 ;
Tilly v. Tilly, 2 Bland, 430.—(o) Waring v. Waring, 2 Bland, 673.
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