New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-04-24

x;rtue az warrant and seze- upon the impl-m-os of
gambling Another gambler sets Up nls roa<e t.c or me-
view cid without complaint, seiZes and breaks them
in piece. A coun,rf.iter procure- his dice AMI
press f couniereifng coin bis plates and preparations
for couI'erieiiDg Pspr moLey An oulcer nhie, vs.
rant sezes Did any BODY ever question the risht
Of seizure in eny Of thee eases And yeti viii be
zee that in az The pat the pfocs. dngs have been
ell er poyt. oil without Gng forensic trIql asd without
sry cut iui. end conducted according t. pres ribbed
"fo,us ard soemniies The -gathereIs is
"Cu. uosef- Il law The atta.l meBt Issued 4ns the
deisuli Dc cebioris due process OF Law The C4sOn
Hous. warrant j. dre process of Law, sni - ,-uugh
the long catalogue OF eases that might be named II
j. rTcCfss created by Law, made due process by the
l. glaurs that enacis laws end preeen0es What shA
CoIfuit Gu pr,ces ihc 3" II the case under consii
.ra'ion tie Of scare 5u sezlre anhczard bg
Law is.utd il ju1ical proceeding by Judicial ofssr
executed by asWnIH othcer under The authority ."
statJte c ht sae slrnny enacted 10y the leg stature
j. due lr.ofs Of leS vilhu The mag Of the Con
ituon But the sections referred 70 expressly provide
for forensic ia for the Institution OF -nis 20 be con
Quoted according 10 the prescribed forms o. searining
"luilt determining TIE ule u pro.eitt. ihe proof
rtquJ.o sfo.e Issuing the -0hes for the par
u e Of setting the las IN notion that al Jrense has been
{, mp,,d Tie ow aer Of tie property SEIZED II ne cain
the prcrfry and 1es The oene mas the full benefit OF
he iis b ury establish his claim he his the right o
stT,u Ih5Cllb al TIC CouTt aud mas throEn around al
si1 tie property be claims ali the pot~ctiou t-t the ias
can % does afford IN any case IL be succeeds la esd0
l IN biz claim his property restor with costs. II ne
falls bis pIoperf! IL oonhscated We submit therefore
TIA il roqu than Ordinary keenhes. OF Pereep
ilese prOyii,ns end the constiiu.i9n
III, Ieusinirg rrovir ON, Of the bill Gov Seymour al
mis no: in c0Itlc with the Constitution bat be says
III, are ptossd II setied pnco-s o. COMMON la
Ss1s,Ioa, .ri.s Of ezea. s'TePag,so' . tas -
o. her ay al r,ssfd 20 ae. Pohoig 'se
zes qso, there all Dc none "n respect to 'oae
lii swtepTg chars should, from It's bodnesa, be well
.ust,r.d Tie character the Governor for Intelligence
A. q lagyCr Rs wCn q sensible man. is somewhat IN
VOWED and If u i not prepared 20 iory rs position by
biz leaTniig his logic, decent Iegard Tor MS o6n reu
I y .flf ~ no
lave induced n.der fo.m Of expression. Let Us ex-
! anime for a moment his reasoning He SAYS:
ia Itifs which n: hsI ~s AID
oun,s1o. uroa Aeh Ii. bef oaDaea nsli b. nss oeof
and b. e,s sy p'ovi Of
l l, '' b. Tim r.. or
'o',n.- 'ueh m.fi.iI-,t - 80 tso,s may - Of ,ss
'cor such II shat tohih i'D~ 'anon' 30 the
in a. rsce s1e 'h.s 'heF er
saeh luminous 10 tey II relation 70 SoeH
lm ee's that Wherever Pn,on shall spossf or Be
'tTGaft tef ssse, asTtcveea toe two orc dag
't,e-eus tn such u'sis,rafs to Al aHt 20
Of teersrrg vhssh.T my oseIss conuitd
5ssi 49, u tbs II such ,hs REESE % %
o. rs,in sbs be committed l. be M there
rr b. sha Be '~or' or or 8 saTer
aor ii .t 1T sry 'Teh orsls "a,
'l eHnntd silp he 'oe ion 81 .9e9 s.[.,s II ,,i =.
'setIeh Of Vi, pr,nr.s .h-,tst ioyd.d, :. .
tny nss,i,o,y ~ H. r o ~ Ben "rr.,e bar M si,pi
,trn he rr, uton Sch icy are 4Hthorzs
ots;is 10 brig fore him stachnslt tbs per-
,or srt e,to CT tE'Eoctd ofaue
Now strange Il may seem, there il no new or singu-
fr provision in either of these tiOnsnOtaIOg that con
fis nh the law as it nov unless he abrd,e we'll
settled rrnclos ard restrict the practice present
eAts Tbese ecohs may be striker out OF the bill and
if II balance b,csme law, precsely tie ,ame thing
nelt be done by the authority OF The Commons law which
tlese two sections expressly authorize TO be done.
citizen may TO day go before magistrate, and make
COMPLAINT oath that be believes particular odense has
been c, ued end satisfy the magistrate that there Is
] al IL la
nititd ard that other person HIS knowedge of its
commission the MAJ stT6te has power aud Is his duty TO
niue sub ftnh requiring such personto appear before him
md give evidence of the facts within his knowledge
Coroner called upon investigate the of tb desth
II IeIsOn found dea0 lie lssues his subpoena for any
winsss whom he supposes may have kno Sledge ON the
subject even without shy complaint against any At
evtiy session OF the Grand Jury, the Judge expressly
eIarI them and it is made his duty so 70 charge Ia a.
hhtif they suspect that any otense has been nned
Aganst the usuy lawsthe laws for the suppression Of
the laws against gambling houses or against
llery elections il their duty to inquire into the mat
fer ana 10 summon before them wi,ness whom
tby have suspect has knowledge OF any such
| oftrse end examine him on the subject y magistrate
even without conf lant sganst any one mty, ne De
Ievos a crime has been COMM ted summon before bim a
wines who msy be examined az to tie tact lls 20 ger
of fuumounc witness 10 prove oense ag inst the
law is Inherent and Indispensable in tue admin ration Of
criminal iucCs hoUse IS lei On tre ~hiie he Is
aseep or tbseut from home. lie Is himself entirely lgno
rant as TO whom he ncendisry H. as he may De 81 any
facts far personal knowledge goes upon when 10
base charge but he heard from another, what II
tine viii auth Orize the Issuing of warrant Tor the arrest
AID isl of the incendary whore name he may no! know"
Either the warrant must issue without legal evidence to
sustain The charge the right OF summouiag the wi1eSs
to pO, The charge must exist There Is not police m az
tIse in any of the cities OF this State but coud have IN
siruced the Governor that the section to which he objects
simply deoara:ory OF the Law as it exists anu prac
tic,d every day
There is 10 new power granted to the magistrate by the
twenty first section the witness when such wness Is
before him II is his duty 20 administer an oath or al
6TmGtcn every person who required 20 testify before
him Ii the witness If cOnumac0us and refuses TO an
swer he may commit bin to prison, and do without this
section precisely ell he Is authorized 10 do under it, Blu.
bro.sn ~ for examination ro,y like
" himself the m.y put TO him
sch y bis search after Of
tense little party reply such que,ions he
a there TO Tesin uns he consents 10 an
Sector ak Of III. article CT n. Constitution declares tina.
pon shall be n ary case 10 30 witle asain't
eTirspste party unSer etnnsion be would sill b CON
PEELED e mPIsosee II be ..sssI aIt,sy .
is the Of the EAssrae 20 ae. him and search bis
We submit that this reasoning would much better be
come those legal practitioners who are in the habit OF
astonishing by their crude notions the people who attend
justices Courts than the Governor Of the great state OF
New York In bis message 10 the Legislature whose acts
be proposes TO nulfy by it, The very section Of the Con
sttuion hch he quotes destroys all its efficacy and the
only eouss OF establishment that the Governor did not
perceive IT, Tie person brought before the mag strate
IS required by the law TO testify. But the Constitution
protects bin sgains' being made witness or 10 testify
agar. himself Hei then perfectly shielded by the Con
siution far himself IL concerned IL viii s once
be seen thst with tbs constitutional provision the section
quoted does in language spirit profess % Interfere
The witness may be required 20 testify a. In any other
bu, against himself any m0re than IN any oihei
There arc other AID minor objections urged By the Gov
enor in bis veto messase which have neither tine
disposition TO review They relate principally to the De
tails Of TIE bLi-IaeTs " N which no Governor O tnt
State has heretsoIe considered il his province or b;
duty TO interfere One thing he states which after al
The real oundaton-tbe ground and motive OF his actor