ABSTRACT
Public safety sometimes imperiously requires the sacrifice of private property; but that sacrifice is a violation, notwithstanding an indemnity given in such cases. Nor can property be said to exist, where it is not matter of reality as well as of right. The property a man has in his own industry, is violated, whenever he is forbidden the free exercise of his faculties and talents, except insomuch as they would interfere with the rights of third parties. A similar violation is committed when a man’s labour is put in requisition for one purpose, though designed by himself for another; as when an artisan or trader is forced into the military life, whether permanently or merely for the occasion. The industrious faculties are, of all kinds of property, the least questionable; being- derived directly either from nature, or from personal assiduity.
