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


NEW YORK LEGIsLATURE.
Albany, Feb. 8, 1854.
PIrroNs, ETC.
Numerous petitions OF local character sent In
to-day.
A rsmonstranos, agnsd BY many citizens OF UticA
against Incorporating companies to navigate the lakes
rivers and canals Of the State was presented.
nrArs
Nr. WHITING introduced bill amending tho lav aI'hor
zing the sale OF real estate Ia certain oAsss
BUILDINGS YORK. Ero.
Mr BROOKS introduced bill for the better security OF
mechanics erecting buildings In New York oity lis ao
gave notice Of bill allowing the Mechanics Association
to Increase the aggregate Of real estate.
rm NEBRASKA QUESTION.
brief debate had the resolutions to the
Nebraska bill, when they we're laii over.
BousEs THE HUDSON KIvIR.
Mr. BROOKS reported hvorably in relation granting
to the United States jurisdiction certain nds for
lighthouse purposes
rBx GErIRAL oRpus
Were then taken up ard number Of bills acted upon,
after which the Senate adjourned.
Assembly.
THURSDAY AFTERNOONS SESSION.
THE BSRAIs ON THs BILL FOR IHs SUPPRESSION or rSrKx.
PRRAN0B
An occurred in the report OF NJ. Burnetts 10.
marks puolshed yesterday He desired adhere to
gnized rules Of evidences not whether those rules
in with the constitution or not bat
whether they eoinoded with the intentions Of tho trainers
Of the bill or
The House then went into COMMITTEES OF tbs Whole,
Mr. Benedict in the chair and resumed the confederation
OF the act for the suppression Of intempersnce
session it Stands VAS in his opinion, clear viola
tion Of the constitution Of the United States II At
pied the infracon Of rights secured to the people
BY their fundamental bill Of rights establishedA item
OF sspionsge and unwarrsniabs search he could
cintrenoe whether secrot spy system creatsd BY
there any difference at all it against the former for
whole system wherever il i Institutes is oSnoaioss A
established by tSs BILL it is not Only obnoxious, but
rpudiated. His own oOns'itussoy would wholly disrs.
gard It and In doing they wou do violence to the
PIE they adhere to the Of the United satss
| srd they word find their justtdcatiop not In any
"hisher Law, hut in that INSTRUMENT and the constu
variance with this statute It would prove to have only
| the consistency Of rope Of sand
in s Dgh .no breadth v. ud not be adopted, bscauss
there provisions In the section which ssry
~ harmony Of The bill Bat some change Is necessary
Scme Of the words used very and while he
had 10 purity Of the orgna tors Of the bill still
be thought they progressed with 1t they became
they used They have had no thread to oary
them through the Aby nto which they had plunged
had been sassned for the woTd SSss vh.n sVsu
the latter not sucis to bns II Within the rule Of
lesiimsre evidence In ordinary sdavts the deendan,
in required TO that he "beieves ard has reasoe tc
televe what he aarms But in this section Of this bill
We have the dilutsd phrase uspsss has to
osy to svesr that be has reason to suspect AZ
Mr. seeded to s1s WsSss:. d.ssos q ss
pect" According to his asHnition, 'suspcion" may
ssAios sd * S' ~, ass. s
duees man to suspect more readily than to know
but little. Eow, are tho rights Of the people to BE-
msn This the rule scognired BY This section. BE
could not sanction It, Nor could he believe that any
s Be ,: .. ; % p: ::
esrg back 10 the worst Gays Of the French revolution
Mr. believed upon hs Hsrisnos q the past that the
enemies, for It's enemies will be the Hrt seek to en-
force s odous provons. The most active temperance
have always been accused Of being secret drinkers
IT, therefore, . search may b instituted mere
pcion whose dwelling win be seeure2 Ia 1t not probable
tSs, es o DO s !. r
moro probable? Ali that they will have to swear to is
that they suspect, or they do not suspect, that
annoy have liquor in their csarts And IL this be
dome, 1t not probable that II will be done2 He thought
doing voIsncs his sense Of justice to the constuton
OF the land and to bis own conscience vote for this
The motion to strike cut the llsh section was lost
Mr.. KINNEY, (whg) Of Onopdsga, moved to amend the
s,conso as to read, "bssvs and have good reason 70
Mr. MALLORY, (whis) OF Ontario, suggested that II
would be better to mako the phraseoy conform to that
Of the tho ninth ssstion which s "has reason 70 b.
leve ard does believe"
adopted.
Mr koeuTY HUTCHINSON, (whiz) OF CaJugs. moved to
add TO the eleventh section the words, Bat no dwell
Ing house shsh bs searched or property seized therein
without warrant ~ provided In the ninth section"
Mr. SESSIONS (wbg) OF Chautsuque-The ninth section
relates to 6xed localities Ia which nquor In sold The
eleventh section designed 10 reach temporary booths
3D. such 81 are usually put mp on the occasion Of ps.
rsdea fairs, sxhibtons, 10 here the o6eer would
lis opinion, the adoption Of this amendment would
| render the section wholly imperative.
Dir. HUTCHINSON disse ntsd from this opinion. Those
w drafted the bill undoubtedly endsd Ia this
tion, TO reach booths 81 ard yet II clear that its
| language would reach domlees and ,hcp, well ~
bcoths and other temporary strucurss Nor could the
nt usgs Of his smepdment be nfsundsrstocd mis
ttrusd IL speaks OF dweic kousel and will only bear
upon ,uch places does not relate to the open places
In hs Inc late vicinity OF thsse public gatherings and
did rot within the rargs OF the critcsm OF
| the gentleman from ChAu,auque.
Mr. SIoSs argued that hs nir tn and eleventh sections
did not conflict and dwellings fully guarded BY
capLot DO construed 20 dwelling houses he WAS
wrong in this view Of the two sotion he might vote for
the amendment. Otherwise he should teen II useless
MrtIoHn, (vhis) OF Living eston-T want to hare this
law 20 plain that way farDg man. Though fool, nssd
not err In regard to H. have desire 20 protect the
rests shich gather round evsry public exhieon but
have wish 10 render It doub;ful vhsthsr sluzsns
| search, upon insufficient evidence
Mr.. Ln7sJons (vhig) OF osvtgo-1 dssre 20 ses tnn
amendment adopted II Is not shoub fear that ine
courts would declare the see,n to b 10 eonaIo shlhs