The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-02
HIGHLY INTERESTING FROM ALBANY.
THH LIQUOR BILL.
Veto Message Of Governor Seymour.
EXCITEMENT In THE LEGISLATURES.
The Measure Finally Killed In the Senate,
UNUSUALLY SPIRITED DEBATE,
DC, &C., &c.
The Veto Message OF the Governor.
EXECUTIVE CHAMBER,
AypANY March Al 1874

Hon. SANFORD 4. CHURCH, President OF the Senate -
As do not approve of the bill entitled San Act for
the Suppression of Intemperance" return it to the
Senate in of the directions Of the constitution
Of this State, with my objections to its becoming law
have given to the bill the respectful consideration
due to the Importance Of the subject and the deliberate
action of the two branches of the legislature
sign the BILL for believe its provisions calculated
injure the cause OF temperance and impair the welfare
OF the State.
Anticipating action the subject of the bill by this
legislature took OCCASION in my annual message, to
suggest that t surrounded by difficulties and
and unless legislation in regard to it was
judicious it would increase the evils it important
prevent that any adopted should be framed
not to conflict with well settled principles Of egs-
lation, with the rights OF our citizens.
The bill is unconstitutional unjust, and oppressive in
its character and subyersve of well settled principles Of
legislation The people, irrespective of their different
views of the ofntoxcating liquors. when advised of
it's provisions will regard them with surprise and alarm
The sale OF strong spirituoas liquors wines, in
quantities less than five gallons is prohibited and
offenders are liable to be fined or imprisoned.
To this general rule there two exceptions The
supervisors and justices of the in each town. acting
commissioners of excise authorized to license per-
of good moral character to keep taverns where in
toxicating liquors be sold provided they have
modatons to entertain Travellers and tavern is abso
uey necessary at the place where the applicant proposes
to keep the same The Commissioners are also autho-
rzed to grant licences to to sell strong and spr
taous liquors and wines but not to be drank in their
shops houses Outhouses yards gardens The statute
further imposes restraints upon the sale of Intoxicating
liquors by licensed avernkeepers grocers to aprren
tices minors Violations OF the terms of these licences
punishable by fine imprisonment The evils which
spring from the Of liquors in shops and drinking
are mainly osns 10 sSe aci 'nas the t
officers elected by the people OF their respective cities
towns and the citizens OF each locality prevent
the issuing Of all licenses, by eectng those who op
The people Of this State are divided in opinion with re-
gard to the propriey Of using Intoxicating drinks One
their SALE while another, embracing those engaged in
various pursuits and professions regard their
proper although they dcplOre the evils Of ntemperance
These differences OF opinion have given rise to earnest
discussions and have led to the formation of societies
all to abstain from the use OF intoxicating liquors.
The bill which return proposes legislative interer
1t is designed to compel abstinence by fines
and penalties and by directing seizures and destruction
Of liquors kept contrary to its provisions.
The ninth section of this act directs
eemade in Writing 70 any mssstrse any two or more
credible Of The S where 5s
slisys TIA. %.Gse.,ng l!usr, are lsgs and dspo;sd
upon any adjacent thereto. within hundred
ss sss. and On which such belief found
ned that shsr. l. probable cause fer belief
< r 9
Gay as iS SEIZE &. al in
within which the and store the
in ,ss and gss to disposed Of s here
this preceding section to search any dwelling house
psof liquor the
e. time %
seo nns o I 5 as Of Iss to be
the right of the people to be in their persons
houses papers and effects against searches
and seizures ought not to be violated and warrant
can issue but upon probable supported by oath
affirmation particularly describing the place be search
ed and the persons and things to be seized" The
declaration is contained in the Constitution of the United
States.
This provision of the Constitution of the United States
and declaration in the Bill of Rights designed to
prevent the issuing OF general warrants" They were
suggested by the controversy in Great Britain growing
out of the resistance of the friends of civil and consttu
tonal liberty to the exercise of pretended prerogaves
Of the This controversy called forth able exposi
tons of the rights OF citizens and excited profound in
terest in Great Britain and its dependencies
The principles advocated by those who the bold
and eloquent defenders of the colonsts impressed
upon the minds of the who framed political in
siitutions.
The decision against general warrants" by Lord
Camden, whose memory will ever be held in
and for his great abilities judge and statesman was
received with the utmost enthusiasm by the friends of
constitutional liberty. He declared " that to enter
mans house under cover of general warrant in
der procure evidence, than the Spanish In
quisition--a law under which Engishman would wish
live hour. II most daring attack upou the
liberty of the subject"
The warrant be issued under the ninth section of
this bill Is obnoxious to all the objections urged against
general warrants" and conflicts directly with the de-
claration in the Bill OF Rights. 1t is not directed
against any person, and therefore, is nameless
rant. 1t authorizes officers in the1tsence of the owner
Of the premises of the property be seized to
wherever malice their suspicious may lead them does
not describe the thing to be seized by quantity quality
marks The complaint may only charge that certain de-
scribed liquors kept contrary to law but the war
rant must command the officer forthwith diligently to
eating qvors found therein" These liquors may be en-.
rely different in their characte and may owned by
great number of under various circumstance
In complaint is made because cask of liquor in
warehouse canal boat other vessel in the belief
Of the complainant, designed for sale, by person not
authorized, the officers would be compelled to seize all
other liquors contained, although they should be the
properE of different owners, and there should be
text nor complaint that they designed for sale 1t
IL made the duty OF the officer to seize them even II be
perfectly apparent to him that they designed for
shipment TO another State or foreign MARKET i'm
ported and remaining in the original packages.
Many OF these objections apply with equal force to the
eighth section of this act.
II is no answer to these objections to say that the ar
tcles cannot in the nature Of things be particularly
described that artfce will be resored to to conceal
real owners Of the liquors and their intended The
nadequacy Of all human laws to reach and punish Of
fences Of every grade be obviated and urn
shes no reason for overhrowng the great principles Of
Justice the safeguards OF the Constitution To resort
to this would be to create far greater evil than that for
which remedy is sought.
New York was for some time unwilling to accede to
National Constitution, which, among other things
should shield the persons and property our citizens
AGAINST unreasonable searches and seizures When n
finally adopted that constitution its was accom-
paned by resolution that il full con 6dence that
the proposed amendments would be engrafted upon n
This was done and state should be the last to yo
Late principles adopted IN accordance with its demands
The directions for seizng intoxicating liquors. con.
tanned in the laws of Massachusetts, similar to those
of this bill and in most instances tho terms
used The distinguished Chief Justice of that state in
recent and elaborate opinion hell such proceedings to
bo in violation of the Bin OF Rights of Massachusetts,
which contains declarations the subject of searches
similar to that OF New York.
1t is true that the Bill of Rights in this State has the
authority OF the constitutions but with the awmakng
power 1t is entitled to equal regard II consists OF de.
claraons Of great and universally conceded truths
political aSoms which constitutions and laws are de.
signed to maintain and defend. This more open to
the objections urged against general warrants than
the provisions decided IN Massachusetts, TO be vod II is
declared in both acts that no warrant shall be issued
under this the preceding section TO search any dwell
ling house except upon proof that intoxicating liquor
has been sold therein by the occupant by his consent
within month before the time Of making such com.
piants.v