The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-03

est and he would have such mag srats erred
tn bid dessncs the evidence OF three orsdbs witnesses
No tboad be ocgmi ed to set himself against The
oath cf three vel hrc and truthful ctizsn ana ys
tais n,iy be II tbi' eodlnsnt aball prevail
ina f de- and tb.i sho,id hs las ohi,et ~ ths bu
Iii. be sp.,hpg hors II siii y inrte!y fail X 70 %
jet. In regard 20 thas ccudirg amendment. supoos.
there may BE- magistrate oie fne run inaenoe ~ far
ss 70 TefuKe t. give warrant ,1ess cenpe-d T. d. -
sld suppo's you compel him % give shs wartant ,ea
you compel him couviot tho pert arrsgpsag usn5s
gentlemen will thar there asust ~ ter all os cissfs.
tionary power coed ed 20 Tee magistrate asn ne Be
| In II rum interest or not.
Mr. Hull, (whig) or Sc aigomery-The osan Of thres
credible persons IL required oD6or thi statute 70 tee
toe issue offs "NrAnt Ip 7,i acsons the testimony Of
tie eepuncstions OF the opponents OF the bill irncs
be oio not approve OF tbs ptoooa 70 require the three
complain ants TO sprsad cut GI the facts and cyyam
stances upon which their belief Was founded
hr HAroH came here intendSg 10 support every kia *
prohibtory law and he csire 20 vo for ms lss tst
wtuid be likely 20 commend iBet 70 riaI ry of rss
IeoPs He was opposed 10 tbs i&y withoa ths amenc
ment Ha did not with TO take from the magistrate ths
tight 10 judge OF The sucsucy az ts testimony p!sh
ed him II y VAS, 4 would atrsy sorg esiiag gan
the hw - teree he tr stea ihat tire anendmsa nsa,
hr D. P. woop further modified his aasoipsat al
nod aed
Mr. ILrrsJoHS-rhs Legislature hI the rsai change
therue OF eyidatce II IN ing It does yias.s
contribution oass ariss ahere 70 render isw fI.
ve IL 10 deemed necessary 70 chsng- .1sEJ gnes hos,
fues should be changed Es deemed s2o Pfosaat sacn
q case.
Mr.. BUkalT (Sbig) CT Efa9x, said .hguit
be Iaid t,vsl established prisoi pss. risf Nsica
sok kod WE'LL and vh has recsivci unYsrsai approval
fcr iprg ptro1 should b. respsotsd Shetasr : a.
psIus tereffom violation Of toe coas'it lti1n
rot But be deemed tbs uls OF this bill pftcNai y
at,on of the constitution II slow the rish. OF ssarch;
and tnis ght should be exercised oil o~si upon
mere suspeion. The constitution a explicit u2on
pont Facts end circurIstAnaes' must DO distinctly
nst forth Bssides thia somet aipg nors thai IL %
Nlato ia tns bill Ia n-cesasfy TO guard sgapst perjury
onths sfe useless, and than usesss uusss psr-
ln,J lay ee predicssd upon them II ilss. Under
4 n AnlA mt lin
All svta Of the with, sses however fsiss the state
ments tet forth might be, bscsuae you cannot
| /" teiief." Something more is necessary. :" Facts
and circumstances" shoud be requed. ts not enough
that witnesses ers required to be CREDIBLE he
snsw man to be go gres yagabond as not t, % able
TO md some one to swear to mis- credibiy. Sbme dis
crstispary power must be conaded 70 the asIstrats
Community must not be left a. the mercy OF pandes
and sycophanss-men who hsve been tbs obj o. OF tia
satT Of the poet and orator through All Tins. Don't
| place . community ht tre mercy Of .uoh men-who
sneak about their neg BORE premises with the hope o
rosipg out some excuse for entering . complaint on
s'bssf" REQUIRE the detail OF "fac and Giro lmstan
ces" you do not iastae viii be trampled ia The
dust and you will look in vain for the sympathy Of the
pure and eood of the StAte.
This amendment was then passed as finally modified by
Mr. Mallory so 40 TO pcovice that the magistrate may
issue warrant to search hs premises the ali i,v Of
two or more persons stating the fac and
on which the complaint is founded.
Mr.. WILLIAMS (rat dem.) q Steubsn, moved to amend
Ing. having "sbops' in tsem upon the same footing
with bu,ldings not having '.shops" In them
M d. + WOOD This would mar the bill. less
grade Of evidence ia required to allow sssrch Of
dwellings in which "s1ops' kept thso Others for
reasons 20 evident that it required no calculation
Mr. hosEIHY HUTCHINSON, (vhiy) OF Cayugs, also op
| posed the snenc ment and 1t was lost
Mr.. W. b. WooD-The right to search dwellings, having
shops in them only bs allowed upon the proof Of
At least two wnss,es BE so moved to amtDd tue bill
MI CASE (whjs) Of Oaeida-Proofis proof whether OF
on. or OF atty persons As black is black All cannot
os anything else. Hence, he dssmed tns amendment
useless
The amendment was voted down
Mr. g. HIR-I move to strike out fro the las. clause
OF tbs ninth section the words and is then kept there
for sale enough that ~ is proved that the dssen
cant mas SOLD liquor without proving his intention In
gard to what reIas ins uuso,d
Mr.. LoMR-yhis amendment should no. bs adopted.
Householdsrs should have .ome pro ec!on. Il lis not
enough that may have sold liquor . month ago. l.
should be bho that what have tended to be siui
| larry disposed O. before 1t is seized.
M D. r. WooD-Let The section read, this. the com.
painant bleves has to believe that the liquor
ie2t defended to be sold This viii be suf, ,ient.
Mr. PErERs-I prefer the section IS II stands.
Mr. W, WooDvThe oompsi lant Is required to stats
facts and cifcuristan:es which will justify the opinion
that liquor s kept for s,e This cent aud the
This amer dmeDt further discussed BY Messrs. D.
p Wood W a. wcod, Norris and Lozicr and lost.
sec,ion require In the warrant "a rsrticusr
description Of the property to be seized"
Mr. PETJs could not any objection to this amend
ment.
Mr. LncH (wbig) OF New York thought would defeat
hs object Ct the bill because OF The ticuy there would
Dc In describing the property.
Mr. ANoiETte difficulty Of will no. obvilts tse p,sa
requhton OF the constitu lion, which ssys that the
rants OF search shall particularly describe the place TO
be searched and the puson and things to be seized"
Mr. MALLORY approved OF the amendment. Without Il
The bill would IN bis opinion be liable to the charge OF
Mr.; srsaoss, (~hig of ch.utsuquo, deemed the bin,
as originally drawn In perfst harmony with the spirit OF
the consultation. The thing TO be complained OF Is lin
te1icaiing liquor the sArfAOt Ia 10 be issued seize
"iItoxicaing liquor, and nothing but what is thus
s:rbed as Intoxicating quer" be seizsd Thus the
article to bs seized thus described as thu cop
tution requires de did not suppose that II
ssry te particularly dsscrOe The kind OF liquor TO be
The amendment was Loaf
Mr. MORRIS moved TO insert the word "iatoxlea.ing"
Mr.. knIs (national dem Of Orange proposed to amens
the bill SO that no search shall be prosecuted by
than day light There might be liquors In cellar with
powder or other combustbe materials which l. would
TO urtsfe 70 approach with q sndle. Lost
Ar kosI1EY HUTCHINSON moved to amend the eleventh
feoop 60 that the finding OF liquor in any place for the
sale OF refreshments parade grounds places OF exhibit
ton &c rhsn % eyidsnce Of In entioa Il sell Car
ried.
Mr. BAKyR moved to strike out the entire o. the ninth
section BE had hoped that the friends OF the bill had
mace up u er minds no. to sanc'on ssar'hss without
some legal process; but this section had ds that
hope lie proceeded 70 anAIyzs tbs secton and to de
monstrate Its antsgonism with the constitution His
constituents would never submit TO such law as this
Mr. PETnRs regretted to hear any gsn.sman say thAhs
represented . law breaking constituency
Mr.. ID. j. WOOD thanked the opponents OF the bill for
their suggestions The suggeson Just made is sound
ard forcibe The section sought 10 be stricken out hs
inh) vs to his mind clear visa ion OF tins cons,itu
con. Thin s not enough Iae conrtitu,ion requires
than this-proof bat there is good cause for
search for proh.bted articles He dssised tim, look
far ther kt this section.
without tsklrg the question, .hc committee rose and
Tie Houte adjou4 ned
AiRASy Fab 2, 1854
The House -as engaged al IL. morning the contest.
sea. case from Jefferson u and II not Jet dr.
posed o..
The debate vas finally temporarily disposed Of by
feuiEg 4 back 10 the committee 10 report morrow
morning
CANAL fspRoyEsgNrs
Tne Bouse then went into Committee OF the Whole, NJ
:. H. Miller the chair the bill provide for the i'm
provemert o. the Erie oswege and CsyugA and Seneca
canals.
The bill proposes 10 clear out these several canals
10 allow OF the passage Of larger sized boats
After an e1papaton, the bill ordered 70 third
reading ne committee and the House took . re-
ceta.
From Philadelphia,
TIE CONSOLIDATION ACr-FATAL RkTLRoAD ACCT
DENT, BTC
PfHL,DkfrfA, Feb 2 1854