Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1853-04-07
Decision on the Liquor Law.
SUPREME COURT.
Windsor County, March term. 1883.
Hon. ISAAC +. REDFIELD, Chief Justice.
Hon Hon. Pirnrol,T lsnAn' .qssq Justices.

/ Hon. MrLo BrNNrrr. '1Sst JUSTICES
Robinson c. Po,cers Erprrte. Habeas Corpus.
This case having been very deliberately and
satisfactorily argued, both for and against the
discharge prayed for, and as a speedy detormin-
alton Of the case seems desirable for the prison
err. we have given the matter our best attention
which the time would allow, aud the following
is the opinion Of the Court, by REpriELD, Chief
Justice.
The LEAKING question made in the case is how
iar that provision in the law. under which the
prisoner Is committed Is to he regarded MS con
stltuuonal. This word constitutional. as applied
TO laws has "a very narrow rangc II is an in
qury, merely. as TO the conflict between any act
Of the legislature and the fundamental law Of
the state, which is supposed to be embodied in
the express provisions Of our written state Con
silution. as limited or enlarged, by that of the
United States.
10 Is scarcely necessary. we trust. at this late
day. TO say that the judicial tribunals of the
state nave no concern with the policy Of legls-
iauln. THAT'S matter resting altogether with
40 the discretion OF another coordinate branch
OF the government The judicial power cannot
logtlmltcly question The policy, or refuse TO slnc-
with the fundamental law of the State. And
they would never attempt 60 do this even, ex
ccpI upon obvinus and satisfactory grounds.
J he only ground upon which 1t has been claim
ed, that The statute in question is demonstrations
AL Is that it conflicts with the 10th and th ar
ucles Of the Bin Of Rights of our State Consu
tuition, aud with the Alb, 9Th and 9TH articles Of
the Amendments of the United States onstitu-
uon, contracting the same subject.
il seems TO Us, that the l,h article OF our
State Constitution, and The corresponding provi-
sions IN the United States Constitution, have no
reference TO The subject now before the Comt--
Il Is IN these words g." That the people have
right 10 hold themselves, their houses papers and
possessions, free from search, or seizure. and
therefore warrants without oath. or affirmation.
first made, aitordng sufficient foundation for them
whereby any officer, OF messenger may be- COM
manded, or required TO search suspected places.
or seize any person, or persons, his, her or their
property. NOT parucua ~ described are contrary
TO that right aud ought not to be gran,edn--
This seems 10 be directed against general war
rants. and general search warrants Ia particular,
not specifically describing the persons, places, or
property. 20 De searched, or arrested. This class
OF warrants which M troubulous and unsettled
periods 10 English history, were issued toa very
alarming extent, by their Secretaries of state.
and other magistrates perhaps, was prohibited,
~ ule null aeuieihehl OF me realm upon lne
'ii,c' OF orange ana 'hs hanover iainHy'
,'n"' " ",' eHi,'e' "hu slu ii'u PROVISIONS nave
u'i''eIIcu ID tl" Onted Stites' ana 10
ulus' ui u'7 o'ale CONSTITUTIONS. II is very OBJ
rons tins proceeding is not of that chanctcr.-
qua u ms never ohen supposed To proh.oR ar
I,S,N NY private PERSONS or without warrant ln
'"'' c'.-S Oh cHs's where Decay would De peril
Jus N1''9t is lHt lIst III" o. government
az "''' ''"' "'.Nie' ana ~ ioI 10 oe aoioSAteu'
ny "nPHeAlon'
~ oIotI 2" Nelsiilina uo" ir luis proceeding
~ 'n '.".l'''h Oh we iO'h article OF the state
'''.''- WIN oe u'eiui 10 compare me Two
"i'' ''u..4' pe'l'ps. ne arucle is 900
'',.' lh'l lh an prosecutions i'r
G''l''ii o"e"'es' person hath me rghl To DE
.i'''u' ny "''nse" ana nls counsel To demand
'' e'u'' '", "lluIe ol MS accusation TO pe
'l''ol''p "'l' lNe witnesses TO ctl Tor evi-
u'"ce 10 'i.s a.or ana "a spe dy, pubic trial. by
u" ..1p''"" J"'Y % "e ,o""TA "ithout tne
:, 'lous consent oi "n'ch Jury ne canno' be
l9"n' Aui't' Aof can ne De compelled 10 give ev-
u'iice "4'ihs' hastu nor can any person be
luS.y ueW'eo oi ui' Hoer'y' except by the laws
o' me "nu' ana ihe l11Ee inent OF ms peers
Is obvious 10 remark, upon the slightest
~ ',"s ~ "o''' ", 'ne lroSec uilon I'M
NJ ''io" i7 ol tle character indicated IN
"a,,l,'' ~. pocey''.nIs cannot De maintain
,,... u, u, l''o'cale9 III tne ga sec
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