New-York daily tribune., 1854-04-01
THE TEMPERANCE BILL.
TIE GOVERNORS VETO NEssACE.

Eon. SANFORD L. CHURCH, President Of Ncnats
AS DO not approve of The bill entitled An Act for
"tAe SupyressiOn OF Intemperance, return it to the
Senate ia pursuance OF the directions Of the COnsttI-
ton Of this Sate with my objections lis becoming
law.
ba7e given TO tic bill the respectful consideration
due to Il Importance Of the subject and the deliberate
action of The branches Of the Legislature cannot
sgu the BILL tCr believe is provisions calculated to
uuie Tie Of TeHlernc and impair the welfare of
Tie State
Anticipating acton 90 Tue sute ofthe bill by this Legs
lGuc tOoA OCCASION in my annual Message, to suggest
that
legislation udcious would nerese evils it
Sss 20 20 ycsP s 90 sSt ls S
with the rishis OF OR ciIizens"
This bill is unconstitutional is unjust and oppressive in
its character and subveIsive of well settled principles Of
legislation The poope Irrespective Of ther different views
of the use Of intoxicating liquors when advised Of lis pro
vi,iorf, will regard them with surprise and alarm.
The sle oi strong spiri uous Liquors or wines in
quantities less than five gallons is prohibited and
offenders arc liable to be fled or imprisoned
To this general rule there Two exceptions The Su
peryisor ard Justices of the Peace in each town acting
Com Of Excise authorized 10 license persons
of good moral char otr to keep syerns where intoxicating
liquors be sold provided they have accommodations 10
eDtfff6n trbNciti' ana lhNCIn
at the place where tie applicant proposes keep the
The Commissioners are also authorized tcgran license,
10 groCos sell strong and sprtuous liquors and wines
but not drank in their shops houses OuthOuses yards
or gardens The statute further imposes restraints upon
the sale Of Intoxicating liquors by licensed tavern keepers
or grOcers 10 apprentices or minors Violations Of the
terms of these licenses punishable by fine or mprson
ment. The evils which spring from the use OF liquors IN
shops and drinking houses mainy owing TO the fact
that the resent laws not enforced In addition TO
this the excise officers elected by the people Of their
anIf
can prevent tie ssung OF all licenses by eecpg those
who are opposed to granting them.
The people Of the Siee divided in opinion with re
gard TO the prop,eiy OF using intoxicating drinks. One
portion desire tie passsge of law which VIII prohibit
iher sale while another, embracing those engaged in va
rous pursuits and professions regard their use as proper
alhc ugh they deIlore the evils of Ltemperance
These differences Of opinion have given rise to earnest
dscusso1s and have led to the formation Of socet and
associations check nemperance and to persuade all to
abstain from the use of intoxicating liquors
Tie bill which return proposes legislative Interference
1t is designed to compel sb-tinence by severe fines
az penalties and by directing seizure and destruction Of
liquors kept contrary TO its provision.
The ninth section ofthis act DIRECTS that
Whenever complaint oath or shfAon shall be mate
resident, the city where the made thai they
ipt and Serose6 Intended r sale S siboiilsd
uron any within i've hundred ards ofthe
boundaries thereof Which con Psn a .sts he s AID sIaa
ne be ss ed that there probable esse for sl;h be-
The shall be eirsesd with proper assistance 5rhita dill
er Suor, 70 nd therein Win the vessels within which
the contained and the s,s and
hs be issued sEdr ih ihs section 70 search
excert uyos proof that liquor beea ia by
the thereof with i, consent within month before
rsfigg such compliant Every suet shll
de.snste and deselibe he ssee . le seaIeh-d.
The eleventh section OF the Bill Of Rights asserts
That lFh Of TIE people ia their persons houses
rsr, and efees nrasonsbe searcheg and ought
sS 20 s 9f 81 os 9 90 rssni sr t s o9 Ss@ls @
place searched ard The persons aud Dss be seized
The declaration contained CONSTITUTION
The United States.
This provision Of the Constitution of the United States
and Declaraon in the Bill of Rights. designed to
prevent the issuing of general warrants. They were
suggested by the controversy in Great Britain growing
ont Of the resistance of the fge is Of civil and c0nl
onal liberty TO the exercise Of pretended prerogaiye u
the Crown This controversy called forth able eNpOsii's
of the rights Of citizens and excited profound Interest II
Crest Britain and its dependencies.
The principles advocated by those who were the bid
and eoeutut defenders of the colonst impressed
upon the minds Of the who framed cur political ns
tutious
Tie decision against general warrants by Lord Cam
den whose memory will be held in by the
American peoDe for bis defense of these rights and Tor
his great abilities Judge and statesman was received
with the utmost enthusiasm By the friends OF constitution
al liberty He deelared;
Ods to PseaIe evidence SO. o,s t5sn & & = 40 M 5as &
Itrs nos, daiirr aset Eroa the Ibery o. Tie sub ee
The warrant TO be issued under the ninth sectoH OF MS
bill is obno xous TO all the objections urged ahs gen
eral warrants ard conflicts directly with the deciaIa
ton In the Bill Of Rights is not directed agah ahy
ue1sop end therefore il nameless warrant IL auiho1
ICES officers, in the absence OF tne owner " 'ne
or of the property to be seized 20 search wherever
az heir sspcoIs may lead them II does not direct the
thing 10 be seized by quantity quality or maIks lac
complaint may only charge that certain 80. ss
Le officer forthwith diligently TO search the place eese
rated and to seize all the Intoxicating hql2Ts lOunu
therein" These liquors may De thtr.'y u~neIsns ~ -
Ler character and may be owned by great nlhDet o
yors r,der various Circumstances Ia case compalnt