New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-04-24
THE .PROHIBITIVE LAW
AND
TIE GOVERNORS VETO.
ADnRESs

n
On ,niet which occupied the anxious a'eauon OIL inc
Lad, Of which We ar members-a sube' which c'n't'
~rs great esture Of the sge ia when We iVe-t' sac
4, ,ou in fpii Of rankutss what Te nave sone ara
dow YOU The reason why efrt' nave iae % accom-
,ssh ,bs oy.at r.srlx which IL hoped you'd olioy
tsm We saw a. you have sesn, scd are ss-'ns every
ds, he mighty evils OF otemperaoce looming oP 10 nor
mic ddpctptss oil over the lsnd ho@ rolled up the
aeprecefe Of taxation; how increased NE amount OF
1sxctri,m ard fosersd crime bow It drtaroed social
or.Y and sost.r,d desOlaon aud death, every
h.re throughout tho country Impressed with the msg
riude sf iese evils The psope Of this STATE have been
sp,ously loolpg for rrDeay for thsrn They tined the
sxuer,ros NJ of moral suasin That much IL checked
Er the time the growth Of nienperonee aud ssved nuo
drtds and fhou,aDos fom ruin Bur there point be-
yord which moral sussion il pcwerbs, an when taat
poiut attained began 20 inquire whether 50 ne
tbipg more could no done to save te sodntry from
The evils that lay beyond the reach OF mere moral aud
u4rsua,iye Efforts The idea Of mohbitofy law was
usrested that should strike at No root OF tho eV
and by rendering the traffic in Intoxicating crihss penal
etpse drive H. By legal coercion, beyond the sphere oil
kritinate and lawful business. ibis was at first start
ling proposition bat ten years OF ehecoe ana lnve'iTa
t.n educated the public nipd On the subject tnIs Ges
Of probbi;Oy law toOS deeper and deeper hod ga the
ulos Of the people until became the great ana per
,sding social idea OF The State Its growth healthy
II occupied years Of thought OF investigation una
reflection . 49, -.
come u he Legislature asking FOR the passSe OF Hf 10
urohbi the sae Intoxicating drinks AT The last session.
Of The Legi lsure such aw passed the senate ana was
o't in the House by only lev yc.s Daa ,,e P pre-
Of twothds aveone Of that body IL passed tue house
by majority equally strong This decsive vote was Dut
tie r.ex Of the popular sentiment Throughout he oae
Iepiss;o,s fpofe and spoke truly the Opinions Of the
people they represented When this result was auiinel
humanity sent up shout of triumph Hope "heh ;, ga"
the erssp of the law fastened upon the nsck OF tnls
destroyer Of human happiness t0is greae pop
sgandt of human misery uttered cry OF Joy INDUSTRY
saw prospect Of relief from taxation, ana LABOR chdhce
Of escole iro m the burdens that oppressed It,
Az eeiators have exhausted our eiors and, as we
Believe discharged or duty We passed the law and
could DO no more The bill went 10 the Governor Tor ms
signature The religious sentiment, OF the state, tue
moral sentiment OF the State, the genuine social viz
tue OF the state, charity for human suuerps' synpa
thy for human sorrow, parents who had followed tho
children of Their love 10 the drunk ards grave, wives
whose husbands bad been brutaztd by ig;eDperance,
asrghters that il had gwen to shame caIen aea
ehoked end remulous with anguish, not 70 STANG n 'he
way Of this great experiment OF reform not 10 ia'y ev
cry promise OF his past life or throw away the great nope
Of hs future by iueposton ct the power conudeo ID
him by the Contribution and thus out althe progress
Of quarter OF century Yet hese appeals were in vain
Gov s. ymoUT with full knowledge of the popular sen
teDfs the biect Of the law before him. OF the VIII 81
The people, clearly and emphacally expressed made
himself The chsmpiOn OF the opponents oil temperance
E,orm by Withholding bis assent 10 this most benign meas
ure offered for the aneoration oil the con
WIZ tbe motives which dictated bis Veto we have moth
g TO DO IL be vindicate himself TO his own con
scence If he can the bar Of Eternal Truth for
the hat gave scope ana sway 70 the greatest eva thar
ever afflicted human destiny. We shall rejoice ihe glory
and the shame the responsibilities OF ms position Ia TINS
resptct we leave 20 the retriboons Of time and TO Hun
who can look with clear vision into the human heart
spd its secret thoughts But with the arguments OF
the veto the upon which it is based propose
briefly deal and ask the attention OF the people OF
this State, while expose their iaacy and demonstrate
how little foundation they have either IN legal accuracy or
fact.
Tie veto power has always been conceded by the wost
attsmtn to be dangerous one ~ e"Setnnsa ress
upon the vil Of the people. IL is AMI Democratic anu
republican and was reserved BY the Constitution as
matter of necessity only. 1t has always been regarded
In the light necessary evil at BEST in our form OF gov
ernmeri aud was intended only AZ a check upon hasy
and excited unconstitutional legislation Its exercise
contemplated only 10 cases OF extreme anu urgent ne
cesy prevent the preparation of some great folly or
hsrrapt wrong Its ineIposlOn merely ON the ground
of difference Of opinion questions OF policy between
the Executive and legislature has always been regarded
in theory as in fact ausupetion an abuse o the trust
reposed by the Constitution in the Governor OF the state
In the present instance there was hasy or excited
legislation. II was the growth OF mora than quarter
of century Of calm investigation, of deliberate
lection the part of the people. IL vas IN strict ac
ccrdance with popular sentiment that had increased
during the slow progress of years, from the small
est possible beginning, until IL pervaded the public
mind of the whole State! The subject has been
before the Legs ature for many sessions; Last asi
in the other by only few votes This year II passed Dotn
Houses by overwhelming majority 1t before the
Legislature for three months wSs the subject oil deoer
ate scrutiny and protracted debate There neither
haste nor excitement connected with its passage Its his
tory demonstrates that 1t was the result OF calm deioer
ate, anxious reflection and rigid scrutiny. Moreover
the Governor himself impressed upon the Legislature in
his opening message the subject of Temperance law
and submit thai when that Legislature acted in pursu
ance Of his suggestion calmly, deliberately and with
degree Of unanimity rarely seen on questions OF public
policy. gross usurp alton on his part On abuse OF
his trust nsy its action aud thwsr its judgment by
thus interpreting his veto. Though the power to do this
as abstract proposition is conceded yet it never wal
intended BY the Constitution its trainers to be exercised
ON such occasions The precedent is perncious one
and whether it originated in corrupt desire to build W
his own tunes or in honest weakness of ud nent
whether be the act Of the demagogue that OF states
who fails TO appreciate his duty the world we think
will denopnce this Of Governor Seymours, as q de
parure from the spirit and intention OF the Constitution
We propose, now, TO examine the objections OF Gov
Seymour stated in his veto to the bin presented for his
signature end to demonstrate that they have no tounda
ton in constitutional law or fact
The first objection urged to the ninth section of the
BILL which he insists in violation of the Constitution OF
the United States and OF what he is pleased to call the
rights Of bis State In regard to the provisions OF the
Constitution which he aludes the Governor not only
ought to have known, but affirm that he actually dis
know that il had been than decided by the Su
preme Court of the United States by the highest Judicial
tribunal Of this State and that such is the settled law
that those provisions intended to limit the powers
the General Government that they applied to the General
Government alone and had nothing whatever to do with
the State soveregn,ies We affirm that knew ths be
bis attention called to the decision of the Su
eme Court of the United States where the opinion OF
that Court delivered by Chief Justice Marshall the
greatest jurisi this Union has produced upon th
very question and TO the decision of the Court for tie
Correction Of Errors in this State, upon the point
where the unanimous opinion of the Court delivered
BY Chancellor Walwcrth
In relation TO Whist the Governor terms the Bill Of
Rights, it would perhaps, be sufficient ssy that il i
simply and only statute having other sanction thar
other statute unless IL be in the wisdom of It's provi
II has nothing OF the attributes OF Consultation
90 prestige Of organic law Ii passed by the Lega
trre and the same power that made It law may repeal
modify il.