The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-11-03
OUTRAGEOUS VIOLATION OF THE
CONSTITUTION AND LAWS.

We sincerely hope that amidst the excitement
Of the Presidential election and the commotion
produced by the lawful disclosures" Of the New
York, Philadelphia, and Baltimore Loco Foco
conspiracy, the public will not fail to notice the
manifest and outrageous violation of the Con-
stitution Of the United States-of the laws of the
State Of New York-and the undoubted right
of the citizen recognized under every Govern
ment pretending to be free--which has been
perpetrated by the Loco Foco Mayor and Re-
corder Of the city of New York
As our readers in this quarter and at a dis
lance may not understand the proper powers and
duties OF these officers, we give up considerable
space to the following excellent article. The
facts of the case are already before the country,
and.with the information furnished below, every
man can form for himself an estimate of the ini-
quitous and despotic conduct of the Recorder
and Mayor:
The Court which the Recorder has undertaken to
hold for these strange proceedings is legal Court
all. The only authority which he and the Mayor
have is that belonging TO them justices Of the peace
They are members of the Court of Oyer and Termi-
ner Of the Court of Common Pleas and of the Gene
raj and Special Sessions: and may sit as judges Of
those Courts when they are in session. They may
also sit and take part special Justices with the other
magistrates in the Police Court. But on the present
occasion they not holding, or pretending to hold
any of these Courts They are acting simply as JUS
tees Of the peace As such their powers and duties
limited and defined by statute and if they exceed
them they are trespassers They have the same au-
thorty other justices of the peace in the State and
subject to the same liabilities.
The following sections of the statute prescribe their
duties. Revised Statutes, vol 2, pages 706 707 and
70S; sections 2, 3, 10, 10, IA, l5 Is, and II.
The Mayor acts with the Recorder under the au-
thority Of section 2S--2 r. S. ITO.
Whether the Recorder or Mayor have or have no,
cecded their authority under these sections may
well be questioned but this is not the question we
propose to discuss. Their seizure of private pa
pers is topic of more importance. For this we
entertain no doubt that they liable to damages in
civil action, and to impeachment.
The fourth amendment of the constitution Of the
United States is in these words
- The right Of the people TO be in their per-
sons houses, papers and effects against unreasonable
searches and seizures shall not be violated and
warrants shall issue, but upon probable cause sup
ported by oath affirmation and particularly descrb
ing the place TO be searched and the persons things
to be seized"
The people of this State have incorporated that
amendment, in the words, in their bill of rights
see J Rev. Stat page %, sec IL. They have also
carefully guarded the right Of search for stolen
goods, and have permitted il only for that purpose
The following sections of the statute show the jealousy
with which the Legislature has restricted the exercise
OF this power. X. 5. page H6-sectons 25, % 81
% and %. These show, among other things, tina,
search can be made only far property stolen or embez
zed and that only upon warrant issued expressly 70,
the purpose II is not pretended that the papers seix
ed by the Mayor and Recorder property stolen
embezzled or that any warrant was issued authorizing
search for them.
Every who has read the history OF England
and Of this country and is at all acquainted with tn,
common law, knows that no right has been more uni
versaly and steadily defended, sacredly
guarded than the right to keep in safety private pa
pers, and hold them secure from the rude approach o
power.
Chtty the most approved writer on criminal law
states the rule in respect to private papers follows
A search warrant for libels and other papers Of
suspected party is illegal"-Q Chit G. l.. 65.) He
refers to several authorities for this position Indeed
there is principle in criminal law better settled
And yet the Mayor and Recorder ofthe city walk into