Litchfield enquirer., 1854-05-11

pIaec of soillemsnt, rsnds. revision Of tho
 lew, when almopi eveEy person had ePt,le-
 mens. hiahly important. The staluie oq tliai
 snk,aci las always heen oberpEo, whereaa C
 onslltto be peculiaFly explicit. A new law
 dfswn up wilh caSa, eIabsacinf all points
 which SxorsieHce has shoaPa fIeqaensly come
 into adssiiOn, would bs . public bensfS
 < Co9necilcul coinbinss, in . Semaskabie de-
 Aros, advantages Cor both agricnlinIs and
 nnnifacsures. Whatever promotes oono of theso. necessarily benefits the other. Our
 manufacturing villages furnish ready and
 convenient market Cor the produce Of our
 GAEa.s, while home productions relieve our
 siandiacturers from seeking for supplies ffd,n dktoad. Though lafge portion ot Sds land
 Is rough and sIesile eompaired wlth the pra.
 sies and intervalsiof the Wess, ystit is capa.
 biz of great improvement, and thOusaujs of
 acras have been rendered in. the hishest de-
 rrec productive, which halfa century since
 aers mere wasta. Both these interests
 should have the f6sieFing care If the Legis-
 la.nre, as- they ere ihe chief sources oc an ac .lnal increase of wealth. h gives. me mach .pleGsure to add. that our enlefprising and 'nublic- spirited sericnl;nrists have provided ibr the holding, for il.e first time, u Slate Fair ,lh Ire month of October next. If any aid is
 aceded to make ihs cccasi6D one of useful: ssess to the farming interest. and 6f credit to the State, tfast that ths GeRef6l Assembly
 pill not be wanting in liberaiiiy. q; suA
 Thsreshre other topics, 10 which | mikkl thiak t proper to diFtct your attention, were there not two of paramount importance, upon
 which ! deemitmy duty 10 present!io' you af
 some length. the ayinws that I entertaiu.
 The question whether law prohibiting the eaie df intoxicating liquors can C institution.
 ally. be passed. and whether, if it can, il is tho bssf remedy for the acknowledged esis winch result from the sale of such liquors, ia engaging tho attention, not only of phtlan- fhropists, but all classes of citizens, in this State. and elsewhere. In some of the States The experiment has been tired. as to the prac- tica! effect of such law. and although con. tsadictory statements have been made by those who profess to speak from personal knowleage,the weight of testimony is strong ly in favor ofits success. The constitution. ality, of such . law has been questioned by men of high legal and political standing. - But after thorough examia alton of the ques. ton, do not entertain the slightest doubt iha! sEch law is not nconstitutional--th t does not conflict with provision either in the Canstiiuiion of the United States, or of this Stale. and that it does not interfere in the least with any natural rights which maJ be supposed to ex,st. prior and superior to any consultation or law. #8 @i 4 " 'eS
 Experience has atundantly pf.,v cd, thst il there isl any law on the s1t jecl it should be stringent and effsctual. Any attempt to legal, ize ihe sale of spirituous liquors, and then regulate and control it by fines, penalties or other punishments for violation of the rules prescribed, only aggravafes the evil which it is designed 10 cure. Any law, to be cf1ec. nal, must necessarily corfer upon the proper an. ihoTiiies the power to seize, condemn and de- slroy lhe offending articles. ], must apthor- izc, under reasonable rules and restrictions, a search for il in stores and dwelling houses, where there is aclual or presumptive evidence to show tha: the lay has been violated--i must authorize the use of presump;ive evi. dence, when positive proof cannot be obtain cd, or however penal it may be in other re- specis, 1t will soon become dead letter. The first inqliry is, thercfore, whether such . law ss or is no; unccnstiiutional. The clauses in the Constitution of the United States, which have besn urged as annulliDg such law, are these: "the right Of the people be secure in ,lheir persons, honscs, papers ana tffscts. essiast unreasonable searches and seizures. siiaii not be violated and To, warrants shall Be issued but upon probaKl6 cause, snppoffcd by eathsor afiiFniati0H, and Tpartieillarly das- cribihg thspl to o4belseaiched, i, and iha per-. a0tl or things toibe seized 1T no person ! shall he cqmpelisds in, any criminal case, 10 be n witness against himself, nor be deprived of life, liberty or property, without duo process of law aor shall private property beldkeh for pahiiC use, hwinlfuut just! c0mpensafion. .D.a 'Ihesai prosisi0ns have besn decidedlto beap. plicable oniy fo the laws Of Congress. and are of importance on this question only on account of the light which they may throw on similar provisions in the Consultation of this State.
 t5The provisions in'tEe Constitution of this State, iaresl the PeaplA shall be secure in thesr petspns, honses, paregs, and posses, aiops, frem, unreasonable searches and sci zurcs and no warrant shall issue 10 search any person or things, without describing ihen as nearly 'as aiias be.. nor miihbds prob. able cause suppoftsd by oath oraifirmaiion. r 1. lp Fell crininal prosecutions the accused shall have a yiEhLto be hoard by himselfo or bis counsel to denand tue nature and cause of the accusation .ehail not be Compelled to give evidence asainst himseli,
 nor be deprived of life. liberty, or property, but by due eourse of law w'.--.'t the property of no person shall De taken for public use, without just compensation ihcreinr,n Tbese,
 f not all, are ihe strongcat expressions ia the C6nstisution. It, will bc seen, 6y | com. paiis6d of theia. wilh those taken from the Constitution ofsghe United States, ihat sh.y ore more explicit. The rights sf ci,izeas are ip % Siateiia effsc' 'pally guarded than in the State of Connecticut Nothing, hos ey- es, can De clearer, than that by t6ese same provisions. 1t ls ass0med, that some searches and seizdfss arc lawful. and that fnan
 may for conc causes, bs deprived of life,
 lsheriys and pl6periy. Roth may .hc done, 1N done by due course pl Jaw, If therefore,
 the law .prescribes particularly where, aud
 hesls on probable cause, suppasted by oath
 pr sfiitMaiion, searches ate t6 6e' made, aud
 tOr what cause and in wi.at manner, property may le seissd and the awacr daprircd 'orii,
 bow can he claimed that such acts are un.
 constitpsisNsh X. But lsy.ng assds inc tau gaege Of ,hc C0ns.ilusiun, jt isa well set ilsd prime pis Of law and Of colhnon sense,