Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1853-01-20

e. in ooan court on the ,ral-witioat having an
opportunity To int-1duce witnesses 30 his btlni,
an IN be Il ,trd BY himself and his counsel II is
time that we had constitution ihti means
some lung. II man nay be ndludged lui "
ola CRIME that he has never been accused Of oi
tired tor, then indeed is our constitution a top
&C sand. Justice a nncsery, nni Law a farce.
man who supply 81 'ims his property. is aJnigec
a cnnmoa seller Of ntnyicatng quor. and his
pr perry ordered TO be destroyed, aud Is lined
81 % aid costs of prosecution. See sec ..
Ser 10. ilv this se hon person and hls
property mav be seized without warrant or any
process Of law. by any constable, seccfnan
grand Juror Vin'u'lun - tie natural and con
stiu,nnl rights ofihe people
ny tbs. elton person vino simply hos ~ Gus
p1ssession. DOE any public Place any qnan''! %
liquor. ii it is on or ncnr The ground oi any cutie
show. agricultural cNh hti1n. military musler, OF
public occrsion o. am knd-ior hivnf u 10 ms
possession on or near such place. though be nct
or sold any or intended 90 sell H. ana may nave
bought IL of the town agent tor medicinal. chem
icsl and mechanical purposes IN his own hmlly,
may be arrested and deprived of his ibcrty with
out any warrant or profess Of law, and himself
and nroperiv taken bei1nc a Justice, and by said
Justice be NAV be- sentenced to Imprisonment in
The county ail for thirty days. and his property
DESTROYED. ior having intoxicating liquor IN m-
possc.siou which every mnn in the Unon has q
right to have 10 spite Of all legislative enactmens
which may be or have been made.
By this section the constitution is violated in
seilinr a mans person taking bis property ;
and searching his premises without warrant and
without due process oflaw See Art and Of
amendments 10 the Con. Of the Z. s.. also, Art.
ard Q OF Con. Of VI. part ?. tbs again violated
in the order OF the Justice in sentencing him 10
thirty di.s Imprisonment withau, trial by Jury
See Art. q Of amendments 10 Con. OF u. :. and
Art. 10 part of Con. of Vermont Il is again
violated in am houzng the destruction of he
property which hc had a lawful right TO huv, u.s.
or keep in his possession. See Art Of
mendmenis Of Con of L. s.. also Con of Vt
Ant. /, and 9, part l. Il IS again violated N
denying his right TO appeal without < wing o
heavy bond 10 prosecute his app al 20 effect and
pay MI fines and costs, and suffer such penalty as
shall be awarded against him Art. Of Amend
ed Con. of L. $; Art. 6 Of Ton of W., part l.
It is also unconstitutional because it imposes ex-
cessye bail aud inflicis cruel and unusual pun
ishment for the act complained Of See Art. Of
amendments 10 The Con. OF The L. 5.
The to,on agfHt is not exempt from the onera
ton Of this section. On any public occasion in
q. ntlr the place or village where the town agent
keeps his rum shop, Il the town agent shall sell
drop Of liquor tor any purpose. or have any iu
his possession belonging 10 the town, the same
is liable TO be- seized. and must be c0gtsc1 Cd
and des'roged by the Gci' and the town agent Is
y be sent to prison for thirty days tor selling b.
or orm having ii IN hIs possession, at such q
place on such an occasion. This section s I'M
pemtive. md the property Of ihe town Is to be
destroyed, and the town agent Is 10 be sent lo
puson there is no exception, cNempung the
towns property or the town aren't frum lhe ope
ration Of tins section. | presume that tins wac
hte more than me friends ut thc act intended
Bnt they cannot have part of the ACT aud leave
oui part. II is the whole or none II Is lts or
no Il can't b. amended at the h1lnt box
Sections :, -. -. Is and - have been sub.
stlntiay decided unconstitutional by the $50.
preme Court OF New llampshira. and the Untcd
Smies Circuit Count IN Rhodc Islaud Steab
sir7cis from The opinions OF those courts ia the
news apels.
Scr. .. Il declares that no action OF any
kind sh N be had or maintained ma any court IA
tbs State for the recovery or possess or eff M
toxicitlng liquors, or the value thereof, except
such rs are sold or purchased IN accordance with
the provisions nl this act.
Now. # farmer manufactures any more cidoi
th1n he wants for hs own use, II he sells II. I'm 4
less be sells It for medicinal chemical. mechini
cnl and culinary purposes. aud for those pur. /
poses only, he Is liable to the prna tcs $40 Tor /
the FIRST offence, $50 for the second offence. AMI [
three months impri-omneu, nor ,ho tnira ufienc 9, !
aud is not allowed to recover the value of II.
BY this section, # man goes to Boston OF Now
York and buys Sl,CO worth of liquors on credit
the seller can't recover in the Courts Of this State
ior IT, even # the purchaser gives his note for IT,
unless the purchaser for the town. What Is this,
but an act TO encourage our citizens to 90 |
Boston and New York and buy large quantities
of liquors. sell the same and pocket the money
aud then refuse 10 pay for thcmf What is II but
an net to encourage orr people to cheat and
sglndte the lioston and New York merchants
out of their property How is the seller to know
what ulr Jaw II. or WIN oar town agents are
But this section does not stop here. No re-
covery can be had by the owner for any of his
liquor or the value thereof that any person has
stolen from him, or that any person may luke
iron him. or that any person may take from an
other without Law or right. II | 20 aud setze my
mel -hbors gallon Jug Of cider lint he has bought
or his cask or dsnuohn of brandy or rum that
he bought IN Boston aud convert It to my own
use, or wantonly destroy II, he can mlntain no
as'ion to'recoyer the property against me, or Tor
It's Value.
THIS is a most beautiful @ciion, and might and
should receive more extended comments. 4
similar section 10 the Maine liquor law m the
Stale Of New Hampshire has been decided I'm.
toh-ttHtiohai W iNc upFtiut Nuuft ~ mat state
a Boston or New York merchant sells his Yer.
mont customer a pipe OF gin on credit. This
sale is made IN D0slpn or New York. he con
tract of sale Is legal where ii is made, aud be-
ing SO, the seller has just as good light to COZ
lect his debt FOR II m the Coulis of Vermont as
tile citizens OF Vermont nave 10 collect notes
given for cattle. See sec = Of Art. OF L on OF
U.S..
Sec 80. BY this section the sheriff, high bai-
ill, or any deputy sheriff, or any justice 10 the
county and any constable, grand Juror, or select
man, are authorized to seize u person wlihou
warrnt or any kmd.n lawful process whatel er
und take and retain hh IN custody, at hf eTptts
q The ioan, If IN the opinion of the person wh,
seizes him. he is Intox Gated, AMI disturbing pub
iic or dumesiic tranquility; aud tLu person c,
arrested and deprived OF hIs liberty may be LakeI
10 iailsor be cartel frounl the county, ana nad,
81 ~ OF, al the option and during he peasur,
OF the officer sezlng 'n' until, IA The 0Jiaion u
sucn otiiccr. his victim Is onpoJ'e OF iesuyina
properly 10 court OF Justice and thcn ice may
be taken by the officer 10 any other pnd OF ,ht
county, before any justice IN The courty aud
there be cateChl>ed by some high court Of 10,
QUESTION 10 whore he his been, who gave oI
sold hun liquor aud who drank with him. Whs
he ana others had been doing, &c. sc Il woul,
seem 10 htye been full Us well 10 have pissed 90
act alowds p'opie TO mind their own business
US "a have adopted TINS SECTION.
All lhit any one could Say was really propo
relative 10 the mitter of this section, is ALREADY