Van Horne's Lessee v. Dorrance 2 Dallas 304 (1795)

• Author: Leonard W. Levy
• Pages: 2781

Page 2781

Van Horne's Lessee, a circuit court case in the District of Pennsylvania, is memorable because of Justice WILLIAM PATERSON'S charge to the jury, instructing them that a state act unconstitutionally violated property rights. His opinion can be read as a roadmap of the direction that constitutional law would take as a law of judicially implied limitations on legislation adversely affecting property rights. In lucid nonlegal language, Paterson spelled out judicial presuppositions and constitutional principles that were to become orthodox for well over a century. In discussing "What is a Constitution?" and analyzing the legislature's authority to pass its act divesting land titles, Paterson joined together the doctrines of JUDICIAL REVIEW and VESTED RIGHTS. Prefiguring FLETCHER V. PECK (1810) as well as the basic principle of MARBURY V. MADISON (1803), Paterson invoked the HIGHER LAW concept and the CONTRACT CLAUSE against the statute.

Having declared that "it will be the duty of the Court to adhere to the constitution, and to declare the act null and void" if it exceeds the legislature's authority, Paterson discoursed on the relationship between FUNDAMENTAL LAW and the rights of property. He found such rights inalienable, their preservation a primary object of "the social compact." Property, when vested, must be secure. For the government to take property without providing a recompense in value would be "an outrage," a "dangerous" display of unlimited authority, "a monster in legislation" that would "shock all mankind." To divest a citizen of his freehold even with compensation was a necessary "despotic" power to be exercised only in "cases of the first necessity." The reason was that the Constitution "encircles, and renders [a vested right] an holy thing.? It is a right not exgratia from the legislature, but ex debito from the constitution. It is sacred.?"

Paterson informed the jury that courts must hold unconstitutional legislative...