Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1853-01-20
VOL. XLvH, NO. 9...WHoLE NO. 24l4.

T. "e result OF tils seCilph Nouid ne that
n'l p'i'" ~ COURT ana witnesses anu jurors
Wusi attend court aud wait from term TO term,
ahl cay after Day week after week. al great ex-
len,e' ana perhaps year alter year. 70 get case
t''eo' iAV'l'lng thousands Of dollars unni the
Hi'or et5-' efe uNposea %. ne "hoie ousi-
rs ~ we oo''l A'os' De postponed to Try men
Et'". ""oy ph1 o "iuc, or brandy, OF
FHr T" e'Ne''
.'s ls pretty answer '' iNe right OF the peg
p' I" nave i'stl anl justice lfeely- promptly
'ii "i'i5,.' wy as,Nai' a+ t"s institution pro-
~ l'Ts ""' 'Ae men VINO
~, W u''s ny ol''H'cu tlal o"7 county ana SUI
h'fhu p"u''7 "e.e ,a.uoil ~'Vn soieiy 10 enable
''e"l 20 r"Ify "u1 ''e' HqNof projects 40 all
esei''s' '''.l '.i' ''4' 's i'. 70 men, while
aii 'iis - ~ tle peepg must 7'ahu oacK, as
W, oOnse ~ w 1a 'e"'
80 p'Y' i-e9' p "'f lHiee persons make
~ s'.' '"1 .gs 'N W pei"if1' ana 20
uu'is'e lia' 'uy u''i,'el7eu Pel7ou nag any m
,DN'eati"s iqnoi IA H'7 VI "Fi pV's s7sOi' of on
"'s OF Her Pre,i'9es' hl'ehueu iot safe warrant
MH! ue lss1e" ~ Juslice' uhu' any sheFih OF
o'''io'1' pF vH'uo VI 'ne s'nie' may search'
,,uu sle@e u'e l'quor OF o'asT, ana tne oaoner or
49, my ~ ou'li','e'tuu, u huO"h' 70 appear
o1,''' w Jo5i-es - ''e lAH 10 appe"i = OF Il ne
lai 20 snow u'at t'le iiguoF Wes imported IN GER
u''u ilaii''.'es ~'u It ne i1li 10 snow that J, Is
oo'''''iieu ~ we v''s'nai pauSa8es ~ "hicn II
""' "Po',e", 'u0n l"i""' e"'i Ic u.J"useuio lot
'e''su' uun s'",' ge U'7Io!e ny lne ofuer OF
~" Ius' ~ ''g oWner OF he,Fef Oh such
l'uo' sun pIy n.s VI 81 "nu ISIS Il; III 'he
oP'"''h % sucl JUSTICE Suen lil"o' was Kept or
'9u ul .,ie Pu' Pese 81 ~ contrary 70 tne
~ we az anu '.'' ''ic custom mousse
Ve'uncale una Alpof~tuh' aug PROOFS Of marks
on u'I U'sNs ol PioNases s"ai hue ue received
as evidence ~ me case
IL seems ron ms section that mans ocean
Ter 81 prihly or iug oi VINE, or punt bottle OF
rum or cask OF CIDER may be destroyed, II three
persons VIII make aihdavt that the owner or
Neeper intends TO sell II, although ne may never
nave sold drop and ne may nave bought 1t OF
TIE town agent Tor his own nedicinal, chemical
or mechanical purposes and MS house may DO
searched and ransached IRON cellar to garrett to
mud his pint OF VINE or casA Of cider, or Jug OF
ne England rum. Ana Il the owner or keeper
laiI TO appear whether notified Or not bis property
is 10 De aesuoyed ana TINS 100 without any tn
:" of any PROOF that ne intended TO sell produced
90 the lustcc except ihe eX paTe aihdavits OF the
three persons helore mentioned aud ITS seizure by
the'oihcer And the owner or keeper, without
any tn.l, and without being charged with any
olIehce'|ana without oelhg confronted WIN thes
Witnesses As TO have ms property coniiscated and
desiri yed. and II the justice, without any
proof eNcep, sad eX parte athdnvits' and with
out trial as aforesaid, shall be of opinion that
the liquor was kept or deposited for sale, the
owner or Keeper snail be iined $50 ard costs
IL Is clearly unconstitutional thus to take and
destroy mans property IN criminal prosecu-
I ton. See Art . OF Amend. to Con. OF u. ;. P.
= l. y, AH.2 OF Con. OF VI, part l. p III OF L.
/ ). A mans property cannot be thus taken from
nun without ms consent. tie has violated no
law. II man intends to steal-li he does
'o1 sNal' ne eanhot be nnen OF sent TO states
P'lsu9 ,of IT, II II was criminal i9r person to
ihehd 10 Steal person mas right to be tired
Ie'uie nc gan DC puJuugen gaiiy OF tnat intent.
re mas rlsnL 10 hho" "hat ne Is charged with,
10 usNS ,'i'i ny juiy VI llat charge' ana 10 DO
ou'ronleu WIN Tue Witnesses against him TO
nuNe WITNESSES III ms iaNof' ana 10 De heard by
hhliseH ana ms counsei IN ms deience. Ihese
rHils are gwen 10 MN Dy tiie constitution oil lhe
OHon' ana uy t1e constitution o. vermont anu
cannot oe No."lee, see 1on' Of Z. - Art OF
Ahehu. p - OF =. . also Art ~, part oil
Con OF ernont p ~ OF {. y
see a'so me case IN the United states circuit
our On lhe hhoue isahd Name hqnor law'
"ne'', 'iie s4ule question arose under cohsutu-
'i"n utmost "oid lor "ora IKE ours IN inns re-
Sp'ct' ana ,he court cec!ued me Ia" uncoHs'itu-
,.'i'"i' iils se'toh dssHmss that tne owner or
heepef o. iie lquof seized ntended II Tor SALE
peioIe aiy leeo evidence mas peeh Introduced
pe,oie 'He Hasi7,rnt' 10 sho" H. aud makes II
+ ff'' - ~ ~ ~ 9" ""o' Z"
lhe justice oy satisfactory evidence that SAID lq-
upr Is not intended Tor saie, or That II was I'M
ported as aforesaid and unless he Goes so, the
justice declares 1t forfeited ana orders 1t to be
destroyed thus reversing the old ana constltu-
uonal rule thai mans 70 be presumed innocent
uuul proved guli'y oy the unanimous verdict OF a
pfy ana adopting Tue new Name hquor law rule
+ OF presnning every person guilty. who IS sns-
Psclca OF having any liqHor ABOUT ms premises or
IN whose possession any Is found.
ms section also pr9hibitS person accused OF
crime igom introducing certain KINDS OF evidence
IN his iaVor' instead OF leaving 1t to the court and
Jury TO determine what evidence IS legal and
sulhclent The Legislature might Just as well
have SAID that a man accused OF crime should IN
trodnce no evlsence N his favor Is tins giving
a man right to ialr and Impartial irlal, and to
introduce evidence ~ his iayor: Is tins giving
man rght ana justice ifeeiy, ana without any
denial
Sec. II. Any person claiming any liquor
seized or ordered to be destroyed under section
~ may appeal from the Judgment Of the justice.
But what Is he to appeal from lie may never
have been present at any trial concerning said
liquor, or have been charged with having II in
his possession with the latent 10 sell it He on
y knows that justice has ordered his property
1 to be DESTROYED Il being found in the possession