The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-21

be 70 proved go1sy. Under laws, h sertAin essss
tAs violation Of the Law shown by actual proof aud
The character Of the transaction 10 brc ught 10 their
hncwecgs, The evidence given 10 such case. ancsds
may be corrected bot under this section thsy may have
before them only presum ,ons and Of guilt
The section creates nsn rSses q .son ADD sSssSs
evidence.
Il is not the duo process Of law required by the CON
tututon Of The tste The suits under this section and
a.! other suits, civil and criminal authorized ~ this
bill 70 be tried subject 70 the provisions OF the thirty
second section, not trials in any In which that
form Ia understood by our constitution and Iaws.
There are other objections to the 26rh and goth
tona TIE domestic relations deemed sacred, not
moral sentiments Of people There but few Who
under The inhueece Of novel IDEAS and theories seek to
impair there relations.
The public sentin emit would approve Of q law which
should give right Of action to the wife and children OF
ntemper rate husbands and fathers against those who
should cell them intoxicating liquors. and which should
subject the defendant to exemplary damages IL found
guilty, after fair trial But the lawful head Of ia
miy should not b deprived ct the respect and authority
due to his position until he has forfeited them By his
Suits brought under these sections wh.rs the father
the buyer, and temperate man, arily implies
that he 10 The instgator OF dishonest on
the Fart Of his wife children that he iso be made
An object o. contempt BY them II makes his home
Nene OF STRIFE or place where fraud ID plotted In
der to maintain suits 10 not necessary to show that
the father 10 an incorporate man. incapable Of managing
his affairs or that the liquor purchased for the pur
pose of drinking not even gu ~ Of an offence when
he buys It may Be said tha the se Ter should not vio
late the law under any cucumsanoes But the Of
criminals must not be deprived Of the protection of the
principles Of justice The act multpies penalties 6nes
foTtetures and actions against the sesed offender
and at the same tine depYives him of his constitutional
hight OF presumptive innocence.
tie thirty thru section Of the bill directs thu.
perfon or corporation shall knowingly carry transport
ary liquor from place to place within this State from
any place without this state, to any place within this
State: and person shall knowiceIy deliver any liquor
pore being 20 rred or unless the name
ard place OF business residence Of the person to
whom the same is to be conveyed, together with the
the outside package which the same is contained
ms regulation cannot BE- q great importance IN
connection with the pre- Visions the seizure liquors.
ercial interests Of the state OF New YORK.
A. there would always be liability the part Of
ctsens OF other States to overlook neglect these police
regulations, they would create constant embarrassents
TO our domestic commerce. The Law recognises the
legality and propricty OF manufacturing transpor ting
and nfrg Intoxicating liquors. but Ii it SUBJECTS them
TO penalties and fo!fstures upon light proofs, for
that they found In vessels or STORE houses with
liquors Illegally held II viii divert from canals our
merce, but AL thst connected with it, The citizens
Of other States win not separate their dversif ID
PRODUCTIONS, when they send them to, or obtain
them from the markets Of the East If we drive
on portion OF their commerce, their convenencs and
inter will be promoted BY withdra wing the whoe ana
ments.
The idea psrvades the bill, that unusual numerous.
and severe pensltes VIII enforcement but sl ex
perenoe shows That the undue severity OF the laws de-
feats their execution.
After the excitement which enscte them has passed
away ono feels disposed to them for no Law
can be sustained which goes beyond Iuos feeling and
Eentiu ent.
have omitted any notice Of many detective provisions
in the b they m ht be corrected by ia ure legisla
tcn. have confined my objections to those which are
radically wrong; which are inconsistent with the pfir
per and which pervsde the iii tha thew O.
be STRICKEN out Without deAtro ing the entire faorc
The bill 10 wrong because directs search
ci-cumstsDces calculated to provoke resistance it de-
Pryes perfols OF their property in manner prohibte
me constitute n i suajes.s them on mere suspicion
OF the knowledge Of suspected cims " inqusitor-
al examination
For one ast of alleged violation Of Law, eisz-
sred or imprisoned and his property seized or
fs .n;i, Nv he v,,.n may be preceded s in
dealings, and subjected to tho payment Of damages
where none have been Averred proved To ali these
prosecutions he may be subjected without the benefit Of
trial in the usual md tiisl meaning OF that term
Tie constitution usies it my du.y TO point out the
Questionable feature Of this I'LL but owe it to the
expression my belief that intspersnce c.nno. be
extrpsted By probibisory Laws. they not consist
ent with sound rIr ciples Of legisuion Like Gectess
to regulate religious creeis forms 0. worshi, they
provoke resistance where they are designed to enforce
obe6ienee.
The effort to suppress intsmperance by Unusual and
arbitrary measures, proves thst the legislature IA at
tempt to do that which il not within its province TO
enact its power to enforce This is the error which
lies at the foundation Of this binwhich dstorts ite de-
tails end makes IL cause OF angry controversy.
shaaia ~ s.nnrnA law IL would render is sdyae,tes
ents Its evils wotdd q yplsss ana .sra,y enact
when u reea me dead letter upon the ststirSu AZ
luscious legislation may correct abuses in the msno
cture fa's or use Of intoxicating liquors. it csn do no
more.
All experssree shows that temperance Ike other
virtues is not produced BIZ Law Makers but BY the io
ences Of etucator morality and religion
While conscientious discharge OF duty snda belief
thas explicit language H due TO the Of this bill
require me to state my objections the measure in de-
cded terms, u muet not be undarscod that ar ird
fsient to the evils Of ntenpersnce or wanting in re-
Hpect ard sympathy for those who engaged Ia their
suppression. regard intemperance fruitful source
q oegracation and misery look with no favor upon
the habits or paeices which have produced the crime
And suffering whi:A are constantly forced upon my ct.
tenfon IN the PAINFUL discharge Of Official duses After
long and earnest reflection am satisfied reliance cannot
be placed prohbtory laws to eradicate these evils
Men May DO persuade.-thsy cannot be compelled to
adopt hatits Of temperance.
corcur with many Of the earnest and devoted friends
OF in lhe opinion that it will hereafter be
cause for regret the interest which il now excited in
the public mind upon that subject should be iyertAd
ire m its proper channels and exhausted in ate ps 10
procure iegislAtion which must be frui.less.
HORAIIO SEYMOUR