The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-02


Want of space prevents special reference to
much of the interesting matter with which our
columns are to-day occupied. We publish some ad-
dional particulars of the insults and outrages upon
American citizens, as detailed by our Havana cor
respondents. Another highly amusing letter from
the "Man wot Nominated Frank Pierce;" also let
ter descriptive Of the grand ball of the Brazilian
minister at Washington; communication relative to
the topic of the day-the Nebraska question: politi
cal, commercial, and miscellaneous news, &c.
Liberty and Temperance VS.. Tyranny and
Fanaticism.
The Senate has refused to pass the teetoal
bill over the head of the Governor by fourteen
to thirteen. Instead Of a two-thirds vote, as
many of the Maine law men expected, the We
toed bill only obtained majority of one in
the Senate; and the opposition actually gained
two votes. So that the veto now stands and
the question Of prohibiting liquor selling will
be submitted informally to the people at the
next election
They will derive valuable assistance in form
ing judgment on the bill from the message of
Governor Seymour accompanying his veto.
Not that we believe the Governor has ex-
on the contrary, we believe that much might be
said on the main principle Of the bill that is
omitted in the message. But the points which
are taken up are ably handled. We shall
characterize the prohibitory bill in the terms
which it deserves when we say that its princi-
pie is unconstitutional and tyrannical, and its
details monstrous. We assert that no Legis-
lature has any right to interfere with the eat
ing, drinking, or clothing Of private indivi-
duals-that if it has the right to declare certain
eatables or drinkables illegal, it has likewise
. the right to compel men to wear black coats
instead Of blue, or blue instead Of black.
The domestic relations of citizens, in these
particulars are beyond the scope and
province of legislation. We find the strong
est confirmation Of this view in the appa-
ratus prepared by the trainers of the bill
for enforcing its execution. Under the bill which
would have become a law had it not been for
Governor Seymours veto, almost every single
provision Of the Bill Of Rights is violated. Mems
houses are liable to be searched at the caprice
Of officers and ample opportunity is thus af
forded to malicious persons for annoying and
moles,ing those against whom they have spite.
Property may be seized and confscated without
the owner knowing anything Of the fact. Con-
trary to the fundamental principles Of our cri-
minal CODE an accused party under the liquor
prohibitory law is to be presumed guilty until
his innocence is proved. He is bound to answer
when Intercepted, even though his answer may
criminatc himself Finally the bill vests in the
local magistrates such an amount Of power as
would really convert them into worse tyrants
than the barons Of the middle ages. No ones
house would be secure from search, no ones
person secure from arrest no ones property
| guaranteed against forfeiture though in reali-
| ty no crime had been committed We see in
dark ages ample evidence of the Inconsistency
of the liquor prohibitory bill with our present
laws when law cannot be carried out without
depriving the citizen Of his natural liberty, and
borrowing succour of tyranny, it is safe to
| conclude that ii is bad one. We have all
| along placed on record our aversion TO
| the enactment Of sumptuary laws in any
shape those whose aversion to intemperance in
duced them to abandon the principle for which
| we contend, will hardly allow their feelings to
/ carry them so far as to sanction such an infa-
nous enactment as the one now before them.
Ready, ii may be, to sacrifice their own rights
in the matter of eating and drinking they can
hardly bow to prejudice to the extent of sur
rendering the sanctuary Of the private domci,
| the liberty of the person, or the inviolability
| of private property.
There will be, we are confident strong body
Of men opposed to the liquor bill at the next
election. At the last very peculiar circum-
stances contributed TO effect the return OF tee.
total majority. The wings were total wreck,
| floating about in search Of a platform they
followed some of their leaders in embracing
the doctrines of the teetotal party, and in
many instances pledged themselves to vote for
the liquor prohibitory bill, though at heart da-
metrically opposed to it. The administration
had shattered the democratic party in this
State. Hards and softs were so anxious to de-
feat each other that they thought little about
the faction that was silently creeping in upon
them; they spent their strength in suicidal
| efforts while teetotalism was winning the dav.
| 1t can hardly be so at the next election. Every
one will then know that the real question at
issue is the liquor prohibitory bill and if the
teetotallers carry the day, they viii not have
done so by stealth. IL is not impossible
that between this and then some sort of
coalition may he effected between the
various sections 81 the anti-liquor party !;
! If this is The case, We have mol ;ha