the  sole  and  separate  property  of  his  Rep.  331;  s.  c,  4  New  Eng.  Rep.  119;
wife,  was  unconstitutional.  10  East.  Rep.  398,  in  which  an  act  giving
**  Lord  Coke  construed  the  words  *  law  power  to  listers,  where  a  person  omitted
of  the  land  '  to  mean  due  process  of  law.  to  return  his  taxable  property,  to  appraise
Hence  we  sometimes  find  one  phrase-  the  same  at  its  value  and  double  the  sum
ology  used,  and  sometimes  the  other,  so  obtained,  one  per  cent  of  which  total
They  were  held,  and  we  think  correctly,  sum  was  to  be  the  list  upon  which  the
to  mean  the  same  thing  in  The  Matter  of  taxes  were  to  be  assessed,  was  held  con-
John  and  Cherry  Streets,  19  Wend.  659.  stitutional.  **  Government  must  have
By  '  the  law  of  the  land  *  we  understand  the  public  revenues,  and  obviously  can-
laws  that  are  general  in  their  operation,  not  postpone  their  collection  to  await  the
and  that  affect  the  rights  of  all  alike;  and  determination  of  a  common-law  trial  to
not  a  special  act  of  the  legislature,  passed  see  if  it  is  entitled  to  them.  It  must
to  affect  the  rights  of  an  individual  against  from  necessity  proceed  in  a  summary
his  will,  and  in  a  way  in  which  the  same  way;  not  omitting,  however,  those  safe-
rights  of  other  persons  are  not  affected  guards  that  protect  individual  rights.    Its

47


Beflnition.
DUE  PROCESS  OF  LA  W.
Deflaltloii.
