Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1852-02-26
" HOLE NO. 1920
] ealth OF one OF my enterprising coun-
trymen, | shall be more then rewarded
Yours, truly.
A. w. s.
10 We copy the following exccllen

~ We copy the following excellent
remarks from Tie New York Courier &
Enquirer -
But Chief Justice Tancy never haz-
arded his judgment in declaring consti
tutlonal The Law, as literally defined,
now in operation in Maine. The Fed
eral Constitution expressly provides that
"ihe right Of the people 10 be secure IN
their persons, houses, papers, and ef-
iects, against unreasonable searches and
seizures, shall not be rioiated; and no
warrants shall issue but upon probable
cause Supported by oath or GGrmdtion,
and particularly describing the place TO
be searched, and the persons and the
things to be seized. The Law Of
Name requires no such oath or afirma-
ton. On the contrary, it is made the
duty OF the mayor, alderman, or other
municipal officer of the town, to proceed
upon this mission oi search and seizure
: AT the instigatlon Of malice or suspicion.
and without any legal obligations or re-
slrant whatever.
The Federal Constitution sipulatcs
'rhat private pro erly shall not be taken
for public use, without just compensa-
ton" nor shall a criminal "be deprived
/ OF lie, liberty. or prOte eriy without due
process Of law The Law Of Maine
enacls that mo action OF any kind shalt
be maintained in any court in this State,
either in whole or in part. for intoxicat-
ing or spirituous liquors sold in any other
state or county. whatever, nor shall any
action OF any kind be had or MAINTAIN, d
in in ,ts - H., yla
O possession Of iHtOri 0tiRg or spiiiia.
ous hqF0rs or the rd nc Muey." Th, Sc
pal able contraventi' rs Of Federal rights
cannot be overlooked (; but whether the
advocates Of the Maine Law cognized
The binding force o! the Constitution, il
ano;her question.
But again the Constitution declares
that I'm AL criminal prosccurions'- and
the Law of Maine makes the selling of
liquor ii crlmc--'.the accused shall ell
JOY the right 10 n speedy and public iri-
al by an impdItidt Jury ol the State and
District within which the crime shall
have beeu committed" The Law of
Maine guarantees TO the criminal no such
right as an impartial jury trial, or any
Jury trial. except in cases OF appeal -
The criminal Is first Tried by The Judge
or Magistrate, who is arbier Of his guilt
or Innocence, and on this magi,tcral de-
cision, the ''liie liberty, and property"
OF the defendant depends. This Is di
rect Infringement Of the Constitution
but the act goes farther, and excludes
from the jury on appeal cases. I'LL per-
! sons engaged III the traffic OF liquor, and
even those who are under the ban Of
suspicion. How then can jury be i'm
partial, which is made up entirely Of e.r-
pdrte elements?
The Federal Constitution further slip
ulates, that excessive bail shall not be
required, nor excessive fines imposed,
nor shall cruel and unusua puuishmenls
be inflicted"
N The law Of Maine makes the servant
OF a seller Of liquor equally culpabe
with the master, no matter under what
circumstances his conduct comes in con-
file, with the act. He has no appeal,
neither has he redress. He cannot have
his C use disposed o, by jury, because
ol the risks and p naltics by which his
SUIT is surrounded. He is met at every
step by fine, the threat OF imprison-
mcnt or Ultimate certainty Of preju-
diced panel against his appeal; and Tor
these reasons, one servant out Of ten
thousand could scarcely succeed in OBJ
tanning the necessary bait and collatc-
raj securities required by the act"