Eastern times. [volume] (Bath, Me.) 1846-1857, 1850-05-23
VETO MESSAGE.

session, passed TO De ehacteu -
An act in relation 10 common seiieis =, i.'oA-
80, Ecpors That bill, important in its
nrnyisons. and complicated in its details. should
receive lis final passage and be presented to the
executiye for his examination and approval, in
the midst of the haste and confusion of final
adjournment of the legislature, furnishes per-
feet Justification to that officer, in Withholding
his signature, unless it be assumed, that in dis
charge of his duty, as coordinate branch of
the law-making power, he is but the echo OF
the opinions, and recorder of the acts of the
two houses of the legislature.
doubt not that this consideration has secured
10 Inc The appreciation of all candid minds, in
avallng myself of that provision of the consii-
tuition. by which was authorized to retain the
bill for further consideration, and return it, eth
er with or without my approval, to the legisla-
ture when next in session.
The has,y reading of the bill, under the cir
cumstanccs above alluded to, disclosed the fact
that it provided for the opening to public in
spection, not only the places of business, but
the firesides of all citizens, exposing the
crets of the family circle TO the public gaze,
and the pryng eve; and the question very nat
urally presented itself, whether public neces-
sity demanded, or public good would result
from such an invasion of the sacred precints of
home. In announcing 10 the Legislature that
should retain the bill for further consideration,
| called attention TO this obvious feature, as a
reason for adopting that course. But refrain
cd from abiding TO the fact, that the bull appar-
entity deprived those charged with violation of
its provisions of the constitutional right of tri-
al by Jury, because | considered ii improbable
that an attempt has been made to infringe upon
so dear a right, and thought that 1t might be
found preserved. by some of the references,
therein made, 10 previous laws-a point which
could only be determined by such careful exam
lnation and comparison, as Twas then unable to
give it.
With this explanation, will proceed to ex-
anime the bill IN detail, and first, that portion
of it authorizing search. And here il NAV be
appropriate to remark, that even far back in the
days of feGdal violence and disregard of indi-
yldGal rights, mans house, however humble,
was his castle-his iortress-protected BY COM
mon consent and by common law, against the
forcIble entry of even the mlnions of almost I'M
limited power-a spot sacredly yelled from the
scrutiny of the tyrant's jealous eye, except on
rare and extraordinary occasions. If there is
one right which the individual has more uni
turmly claimed of his government, and chung to
Il with more tenacity than any other, it is thai
of regarding his home inviolabe-secure from
torcible entry and search. Probably, there is
not a civilized nation in the world, however ar
bitrary the form and spirit of Its government,
where this right Is not recognized, either by
constitutional, statute, or common law. The
constitution of the United States contains pro-
vision applicable to all the States of the Union
as follows - The right of the people, TO be Sc:
cure in their persons, houses, papers, and ef,
fecis, against unreasonable searches and seizures
shall not be violated The trainers of the
constitution of Maine, as if not satisfied with
this ample guarantee of the constitution of this
unionlncorporatedi into our constitution the SAINT
provision. The feeling which prompted this
caution, is natural one, and may be readily ap
preclaied, by supposing our own homes 10 Be
the theatre of an official search, perhaps insti
gated and witnessed by those whose curiosity
malignitv or revenge, would be gratified by ar
exposure of all the details and private arrange
ments of our domestic life, or BY an eNamina-
tion of our books, our business, our papers
even the records of our most secret thoughts
The constitution solemnly pledges TO each citi.
zen of the State, protection from such viola
tion of the sanctity of his home. Arc the pro-
visions of the bill in question, consistent with
tkis constitutional pledgel Arc not our homes
practically thrown open by it 10 the public gael
The bill, section ,, provides that ANY JUS
;ice of the peace, on complaint made to him, in
writing, under oath, BY three persons, that they
have reason 10 believe, and do believe, that in
tuxIcaung liquors are sold in violation OF law,
designating the persons and places. may issue
his warrant to any officer, empowered by law
TO serve the same, commanding him 10 search
the places designated, for such liquors, and the
apparatus Of selling, and other evidences of a
If ha Ian ro1-t,nr IN ~
liquors" Probably, every community within
the limits of the State has in its midst those
who are regardless of the obligations of an
oaih-those whose opinions are the result of
passion and prejudice-those who readily re
csive the whisperings of suspicion, as the voice
OF truth-those who lend willing ear and a
prompt assent, to the tongue of SANDER. On
the mere belief, feigned or real, founded or I'M
founded, of persons of any OF these descriptions
without the requirement of a single fact for
this belief 10 rest upon, the magistrate may open
TO them the doors of our neutrality-suspicious.
an examination unlimited in its minuteness
extent, or duration, and seizure of both our
persons and property. 1t is true, the issuing
the warrant may be, TO certain extent, within
the discretion of the magistrate but magistrates
can everywhere be found, who will readily lent
themselves, the willing instruments of the wors
designs, and in this instance there is no power
TO restrain them 1t may be said that only pub
lie houses, stores, &c, would come under The
operation of the bill, but the bill is general il
its application, without any such restrictions
Undoubtedly, in large towns, suspicion woulC
be chiefly confined 10 such places, except "a:
weuld often be the CASEY when prejudice ant
malice, gave ii different direction. But ou
of those large towns, the illegal sale is suppos
ed TO be more frequently practiced in private
dwellings than elsewhere hence inquiry, sus-
picion and belief would be in that direction
and under the bitterness and feuds which the
discussion of this whole question has cngender-
ed in every community, but few occupy such
positions as TO be secure that the suspicion and
belief might not wantonly or otherwise, be
fixed upon them and their dwellings, How
easily hint unkindly given becomes a report
and how readily would prejudice build upon
such report, the belief upon which the search
is made TO depend
The Constitution requires, that search war
rants shall contain especial designation OF
the place to be searched, and the person or thing
10 be sei-ed, " but the warrant, authorized bv the
bill, contains no such special designation of the
person or thing 10 be seized, but commands the
officer 90 to search the place designated. for
such liquors, and the apparatus of selling. ana
other erideaoes Of rioldtion Of the Ld,cs. leav-
1t 10 the caprice of the officer to determine what
arc not, apparatus of selling, and the evidences
OF the violation of the laws"
The bill also provides, that "if the officer. on
such search, shall find such liquors and other
evidences of selling, he shall make return there
at on the warrant, and bring the person, in
whose possession the same are found before the