The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1853-02-02
For the Middlrbury REGISTER.


III your last paper OF opening your col
umns TO the discussion Of the provisions
of oar late liquor law, so called. 1t
gives me pleasure, sir. that am permit
ted to offer my humble Vows upon that
important subject. | claim mat the
law is unconstitutoi Il in many provi-
slons /; i unnecessarily onoro1s and ar.
bltrary in its enactments and .indictive
in its penalties. 1t is unreasonable in
Is mode of trial it rrcscribcs. and in
ITS restrictions upon the right of appeal
1t IS not calculated to effect tho end i,
was designed to answer. for Severe Law
are seldom executed I'll. end never
Justllies the means emIlorel and we
should not do evil that good NAV come.
The law overturns the & principles of
criminal justice and does violence to a
salutary principle of the common law
that man is presumed to be innocc
until he is proved guilty. Some overt
acts arc necessary to be proved even in
treason to subj . man t. the cumtun-
alton of punishment This Ia, rru.sles
a man for intentions and they e e to he
proved by suspicion The law under con.
,idcratior vegetable off,i = ~ growth
and Of modern importa Is prac.
ticability WA not tested Nv Ing usage
and experience. 1t has had a transient
existence in Rhode Island, and proba-
by will Lave in Ma sachusetts It's scope
and spirit are inconsistent with the gen
ius of our people. They are lovers of
freedom, are jealous of their liberty.
know well their rights and will main.
tain them. The people arc called upon
by the legislature to pass upon he law
at the polls But it is said the people
have nothing to do with the constitution.
al question. This is denied The law
says that at a meeting warned and
holden on the second Tuesday Of Feb
ruary next at which the trecnicn of this
state may express their judgment and
choice in regard to this act Now if
the frecmen of this state vote in regard
to this law, they vote as frcemen, and
as Conscientious men, they must vote in
reference to their freemen's cath -
Their oath requires that when they give
their vote or suffrage it shall in such n
manner as shall conducc tothc best good
of the state as established by the con.
stitution Now the constitution must
be their guide it seems to me. They
must vote in reference oit They must
compare the constitution and the laws
together and if tlcy Gud Il discrepancy
between them which think they must
do. if they fud Hat the constitution
and tie lrw conflict. they mus md VII
ard ought TO abid, by the onc and reject
the other The constitution is the 81
prcnc law ot the land t is above the
legislature. The collc of ,rmont are
not only lovers of freedom bat they have
always resi- ccted the common law and
have adopted it SO Jar as it is applicable
to their local circumstances. Tie found
crs Of cur Green Nom ain republic at
On carly day rcspcc ID it Whom Red
ding was alIrolu = iarr-r con-.
duct towards cur liant a was
tried by jury Of g moua.l trial
was not deemed lcgal an ut. and
lie WIS tried ggain by f twelve
men according to tie ca law Al
convicted. condemned and az ,utcd -
The culprit under ,ais liquor LAW mas not
this privilege and hence the opposition.
The 18th section OF this li1urr law pro-
yidcs that ifthree persons. y1t,r- IN any
town shall make complaint or aiiirmation
before anv Justice of the peace IN the
county that they haze reason to believe
and Do believe that intoxicating LIQUOR is
kept or deposited in any dwelling house
&c.. End intended for sale by any per
son not authorized to So, the saric the
said Justice SItaH issue L., warrln5. &c.
This section is obj ted to. Tor in the
first place mans dwelling h.use is his
castle The sanctitv of vii,i il not to
be violated cxcept for sr,..al reasons
and for special purnoscs The constitu.
tion secures 10 a man h's nc,ce at hom.
by his own fire side amidst his own fam.
liz 1t is this sense of pcrsonal seem.
ty which makes home de.iroble The
constitution saws the rialts Of the neo.
ple TO BIZ secure in their per,ons bo,ises
naners and effects oooi,.., nnrea sopable
searches and seizures snail not be yiolat.
ed and no warrants shall issue but mn.
on probable cause suuported by oath OF r.
drmation and particularly describing the
place TO be searched and tberors1ns or
things to be seized Theseworrants al,udcd
to in this article OF the constitution are
search warrants such rs wcr, '...avu a.
the common law and such ms were in use
in this country at the time tho consttu.
tion WIS ablisbed y ir,,irc of tho