The Charge of Judge Paterson to the Jury, in the Case of Van Horne's Lessee Against Dorrance: Tried At a Circuit Court for the United States, Held At Philadelphia, April Term 1795: Wherein the Controverted Title to the Wyoming Lands, Between the Claimants
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Law is the work or will of the legislature in their derivative and fubordinate capaci- ty. The one is the work of the creator, and the other of the creature. The conftitution fixes limits to the exercife of legiflative authority, and prefcribes the orbit, within which it muft move. In fhort, gentle- men, the conftitution is the fun of the political fyf- tem, around which all legiflative, executive, and judi- cial bodies mult revolve. Whatever may be the cafe in other countries, yet in this ther...e can be no doubt, that every ad of the legiflature repugnant to the confti- tution is abfolutely void. In the fecond article of the declaration of rights, which was made part of the late conftitution of Penn- fylvania, it is declared, " That all men have a natural 44 and unalienable right to worfhip Almighty God ac- cording to the didates of their own confciences ofri s hts Article 2. 44 and undemanding : and that no man ought, or of 44 right can be compelled to attend any religious wor- 4t fhip, or ered or fupport any place of worfhip, or, 44 maintain any miniftry, contrary to, or againft, his 44 own free will and confent : nor can any man, who " acknowledges the being of a God, be juftly deprived 44 or abridged of any civil right as a citizen, on account " of his religious fentiments, or peculiar mode of reli- " gious worfhip.; and that no authority can or ought 44 to be vefted in, or affumed by any power whatever, 44 that (hall in any cafe interfere with, or in any man- 44 ner control, the right of confcience in'the free exer- 44 cife of religious worfhip." C Declaration [ 14 ] In the thirty fecond fedion of the fame conftitution it is ordained, " That all elections, whether by 1 the " people or in general affembly fhall be by ballot, free w and voluntary." Could the legiflature have annulled thefe articles refpeding religion, the rights of confcience, and elec- tions by ballot ?
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