The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-11-22
Opinion OF the Superior Court 81 New
HAmpshire ON tho Liquor Bill.

CoscoRD, N. H., November l9.-Tbe opinions Of
the bench OF judges OF the superior court respect-
ing the constitutonality of the liquor bill, were
read in the Senate this morning. They state gone
rally that 1t is very apparent, even upon the most
cursory reading, that the bill ID drawn without re
ference to the State constitution and they specify
the following points Of conflict: - -.. .-...
First. The bill coniers on justices an extent OF
authority the constitution does not sanction par
ticularly in respect to the power it gives them to
pronounce sentence OF forfeiture on liquors seized
for violation OF the law. .- ~. f5Iag, tgrae
Second. The bill provides for trial by jury, or
for appeal and trial by jury before higher court
The constitution provides that in all controversies
concerning property the parties have right to .
Third The seventh section Of the act conflicts
directly with the Constitution of the United States.
his section provides that no action be main
tanned in any court in the State either in whole
in part, Tor intoxicating or spirtuous liquors sold in
any other State or country. No law Of this State
can deprive a citizen Of the United States of the
right to enforce claim of debt before the tribunals
OF this State
Fourth Liquors are property. The law in re-
cognisng them as such in the fourth section, when
in the hands OF town authorities for sale, and Of
mechanics for use, cannot, by the force VI q few
Phrases, make property lose its character when in
other custody. Pa. Es-. .l.........,. as.. ..
Fifth Double or increased penalties in cases of
conviction under appeal, because it operates q
penalty upon the party claiming an appeal, con-
hicts with his rights TO an appeal, and cannot BE-
supported by the constitution. .,..,.. ..... --
demand excessive bail and render il difficult to
procure sureties If it had been added that the
accused should not have the benefit Of counsel to
defend him, the parallel between the present law
and the practice in England in former days would
have been complete. ...''..
Seventh The conviction Of q principle through
any act Of agent 10 held to be unconstit utonal
The accused should be confronted with the wit
nesses against him. says the constitution, but the
liquor bill says no; and IL is therefore opposed to
| the constitutional rights of u citizen -..
Eighth. The people have a right to be secured
ngainst ell nabie search of their dwellings,
ct ceieras, ard all search warrants must be under
oath, according TO the constitution But searches
and arrests may be made according TO the bill,
without warrants on oath and il is thus unconsti.
| tutional.
The judges wind up by stating that some of the
objections are Of the most serious character. The
opinion is is signed by Judges Gilcbrist, Woods,
Eastman. and Bell.
Mr.. II. Virgins, OF Dover. in the House this
morning. introduced resolutions to the following
effect, which were unanimously adopted:
| That the Council and Senate Chambers and Re-
preventative Hall be trimmed in mourning in con-
sequence OF the death OF Hon. Daniel W ebster; and
that the Executive and Legislature wear the usual
badge of mourning during the remainder of the
| session. n ..... -..g ..
That the Executive and Legislature attend the
obsequies at Boston IN the 30lh instant. ..sgr
That Judge Perey, Of Concord, be invited 10 de.
liver an eulogy on the late Daniel Webster, on the
22d day OF December, hch day should be set apart
for that purpose, --.Boston Journal