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

ovseer Of the pesY two dollars FOR each day IN which
he actually engaged 10 attending 70 any complaint or
Upsp Judgment Of arnsnes upon appeal by any claim
OF liquors seized under this act the cost Of the
p'nant, sbsn be the same as uron appeals from judg
sents IN civil actions rendered ~ justices Of the
peace.
20 as 10 prevent the sale Of cider in quan'iss
rot less than twenty eight gallons, but cider
80 bought shall be drank on the premises Of
the fe,ler and any sush drinking purchase by the
selsr of portion Of the cider sold BY him, rhsl
jet him to the penalties povidsd in seson first Of this
act.
SEQ 40 TshAn Ss The duty Of the presiding judge OF
every court Of oyer ~ termner and every Of
sessions especially 70 charge jury inquire
INTO AL MO atoms OF or offences m der this act
se, II. No licenses to sell int oxicatins liquor shall
hereafter be granted 70 extsnd beyond the time when
this act fhsll take effect
SEQ. ~. AL acts and Parts Of acts Inconsistent with
this act are hereby repealed. But suit indictment
bad before this act takes effect shall in any
Fec 40. This shall take effect on the Arst day of
December next, except section forty ons which shall
take effect Immediately.
NsCATE, March 10. 1854.
This bill was rad third time and passed.
SANFORD E. CHURCH, President.
Governor Seym0urss Veto.
OBJECTIONS YoR THE SUPPRESSION NrBA.
PERAScE, RsruRskD ~ THE LEGISLATURE, BY GOVERNOR
SEYMOUR.
albany, March 81, 1854.
Hon. sASronD CHURCH, President Of the Senate
As do approve OF the bin entitled "An act for the
suppression Of ntempeancs" return 1t to the Senate
in pursuance Inc directions Of the constitution Of this
ktate, with my objections to ts becoming law
have given to The bill the respectful consider alton
cue to the Importance Of the subject and the deliberate
action Of the two branches Of tho Leg.slasure.
IcsnnOt agn the bi for believe its provisions are
calculated 10 the cause Of temperance, and pair
Anticipating action On the subject Of this bill BY this
Legislature, took occasion In my annual message to
suggest that 1t was surrounded with difficulties and
aud unless legislation In regard to IL
judieious, would increase the evils IL vas impoc
tant TO prevent that any adopted should be
framed SO as not to conflict with well settled prpc oles
legislation, or with the rights of citizens This
Dill ia unconstitutional unjust and oppressive in its
character, and subve siye Of well settled principles OF
The people irrespective of their different views of the
use CT Intoxicating liquors when ady si Of its prov
sions, will regard them with surprise and alarm.
Ire sale OF strong or spirtuous liquors wines in
quantities lees than Eve gallons il now prohibited and
offenders are liable 10 10 fined or inn risoaed.
10 this general rule h4ro two excep tons The su
pervsors and justices Of the peaes in each TO acting
~ commissioners Of excise authorised to license per-
sons Of good moral character to Keep where in
toxicang liquors can 20 sold provided they have
nodatiors TO entertain travellers ana tavern ia ALSO
otey necessary at the place where The applicant pro-
thorsed to grant to grocers to sell s.ro,r and
fpiituous liquors. and Wines but not to be drank in
th sh houses, outhouses yards or gardens.
CT intoxicating liquors by licensed keepers or
oars, to appIentcea minors violstons Of the terms
Ts s,s h cry ioe OF imprisonment
49, , wuiSn sRtm5 lrom inc use q liquors IN the
.hots = onsinz nouees are mainly owins +, the fact
M The sase .csrs arc eoctsa b. the naaS ~ 70
respective cities or gns and tia of each
ty the issuing Of al Licenses by eecnr those
who are oppo ed to granting them.
The people Of this State are dvide il Union with re-.
pald to the p,oprety Of usnO ntoxica,;no ar;rt.
portion desire the passage Of Law which win prahiot
their ssle, While another, embracing those engaged
in various uursuits and urofss.ons reoari tha;e
as proper, Though they deolsre he evils Of iatsr,
persnce -.
These differences Of op;nion have c;yen visa =,
discussions and led 10 the formaio Of socisss ana
associations 10 check iutemperspcs AMI 10 nersnsss s
The ill whioh now return proposes legislative inter-
tererce 1t designed to compel abstineIc, By sevsys
M snG penalties and by directing sez11e and destruo
lion OF liquors kept contrary to its provisions.
he ntnih section Of this sct directs: " Whenever
complaint, on oath or sfirmAton, shall 10 made in
Ierlors q tie Town o. cy wae,e Tia eam
plant is made that they have believe and do
believe that intoxicating liquors and deposte
for sale by any aou not authorised to ss
the same in sry place Whatsoever within sad city or
town upon any watr adjacent thereto or within
complaint shall state The facts and ciscumstsnces on
which such belief is founded IL ahsu be the duty al
such magistrate, If he be satisfied that there is pro
bable cause fer iuch belief, forthsith To iss ,s
warrant commanding the officer TO whom the anne shan
be directed With proper assstsnce forthwith. disnv
to search such Ila.e in the day time ana to szs ali in
iels within VIII ia The same are eon,aine AMI 10 ss,rs
the same 10 some safe and co ayenien pla to "A
ed Of ~ b. reinsfer provided But no s rant sha ~
issued under this or The preceding section "a search
dwelling hspse in which, or Ia psrt rhieh ali IN i.
het kept, C1wps upoI prooi ina INVOKE, e;
Ioen s.o .rsieM ~ sne occnpsns .nsaso,' OF M.u M
w'nn one month vo,o,o lug tIl1 nis"e s"on
Ssi,p H. 49, =, Ia .osr"hnd y 'AsA 'Ss's >u'
cesSiioS 'he RMco ~ oc 80 !, .,.x.
me eleventh sssson Of .ne IN Of nsn's aser@ sns'
tns Isn. 2. me people :; .ns,
hoeAee pspefs Anc eues sesrcnss
ana lectures, eugn. no. 70 70 anu no wa.ians
csn ISSUE Dus upos plvpsae CrasS osu u
amimston pacuMr c s M psSs 70 Sn seascn
20, anu wv Peen =; ~ - - ~ * ~, sn
S.s.a. ~ '' sn0 ons'u
This provision Of the cons uon Of tbs United States
and declaraton in the bill Of rights were designed to
prevent the issuing OF general warrsnts They were
BY the controversy in Great Britain grow
cut Of the resistance of the friends Of civil and con-
stutopsl liberty 70 the exercise Of pretended b sa
tives Of the crown This controversy called for able
exposor Of the rights Of ctisers and sxcited pro
found int rect In Great Britain and its dences
The prncip,es advocated by those who the bold
and defenders the coonists impressed
upon the minds Of the who formed political in