“ U.S. It was error, because, under said decision, that part of the act of 1858 took plaintiff's property without due process of law, and without ust compensation, in violation of the fifth amendment of the constitution of the United States.' This makes it necessary to inquire whether ordinance 822 contains any contract with Hoadley the obligation of which was impaired by the act of March 11, 1858, or whether it vested in him any property which would be taken away without due process of law, if the statute is adjudged to be valid. ”

“ In the consideration of federal questions of the character presented by this specification of error, our first duty is to determine whether there is such a contract, or such right of property as is alleged. ”