The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-08-02
TILE MAINE LIQUOR LAW.

the day Wherever been advocated out it
produced consequences that every intelligent
deplore 1t watch every door, il places in the hands
envio,s the malignant the Of wreakng
geance upon the innocent and the good it false
hood and hypocrisy it sameiessy dircrmnacs between the
rich and the poor while attacks under of law the
cred rights of property In Connecticut Governor Seymour
ed by refusing sign it, and his reelection is scarcely
doubted In New York it is pressed by all the influences
ana,icism but is boldly opposed by nearly all the press and
hundreds of able and upright citizens Let not Pennsy
vana theatre where the pure banner Of religious oer
ton raised be false to her policy
this statute of prescription few months trial would prove
mpractcabe but the consequences of its passage
with its failure accomplish what it
There certain views of the Maine law which, apart
from its ntoleant and proscrptive spirit fail
ercse a commanding influence upon Lawmakers. We
find the unconstuonay of the law clearly made out by
contemporary, the editor Of the Washington Republic that
adopt his views:
"The right of the people be their persons
houses papers and effects against unreasonable searches
constitution, which says that warrants shall issue but
upon probable cause supported by oath armation
persons and things to Be seized The Maine liquor law dis
with such oath amation and compels the mum
cpal officers of to effect searches and seizures the
mere insgaon of malice suspicion, and without being
subjected to any Legal OBLIGATIONS or rssnnts personal
the officer to the Search and he must obey while
whose constitutional right Of privacy is outraged has
again under the provisions Of the federal constitution
mo- nf sS % @
ty or property without due process Of law On the con
be- ' IN this
in part for intoxicating sprituou liquors sold in any
maintained any in this the recovery pos
session of Intoxicating spiritnous liquors the value
thereof Liquor seized unaer this Law taken for public
without just compensation. But this the only way
in which federal rights are contravened BY this section Of
to Maine and there under Of this m psa
ee the debit The constitutional Imitation Of State power
declaring that the obligation of contracts shall not be i'm
--"d Is in this view OF the clearly violated by the
Mns s;to,s who seem w ~ .hs door end-
far the sake of stopping the use of Intoxicating
,ess rosus's i'' t'e saN' - s'fpAAs -
aTh sdera, constitution further doc,area tina. ia si
n, nnsacntons he accused shall enjoy the right to
speedy and public trial By an Jury Of the STATE and
Maine law having made the selling Of liquor crime gives to
of the criminal who deprived Of his right Of trial
,rv In cases Of anneal The rcht Of nnea So
o @ br tnes nenalsia and ali kini Of h;ndrances
that in majority Of instances IL practically denied to dc.
fendant IT. after ALL be daesto claim trial by jry and ap.
neai in order to obtain H. he fails to secnre iynarotv be-
cams The law which makes the vendor Of ianor criminal
also declares that all persons engaged in the traffic or sus
@ NV witch His case Is finally etsrm;ned The wrong i
two6d firstly to the individual defendant who is COM
h IL Which the conon Of the connr van and w
State declares to be nyolat secondly to args class Of
citizens Who whatever their respectabty are virtually
outawed they chance to be- obnoxious to The
and friends Of sumpuarv law " '"'
no ha @ os a exeessi v pau sna
ond a y;,a+ s,,,;iar
n,anner The Maine law doas nrosn inas y snb
ncts man TO two months, imnrsonment On r 1y,e tei
oonv IL nxacs excessive mil and !, sanctnn "rw.I
ii,p nf 6nin, a. w. ,h at ns III. ~
nr as na,ai,v alonh p rr;tt ~ r,sa ~ X .
~ IL fanst',e.s II ~, az &c ~. aia..
La M ~ - 80 49,; NV ' -
~ In v,nnort 90 ,,n r,t oe ,.t a., rob;,;,
tro0c in nuor tho advpcat If tc Maine law reer t
fn, ph ~ Tiand 81 NJ ~,
have ALREADY been decided by the SUPREME Court Of the Uni
"a Ctatas NJ ,n ~, asanaJ ,;na.aroaa htao, 10
a,s III, ,rb;nh asa n,sas rrnr ~. anJ
H. &c ,n =; an.o, T., Ma;na At ~ az. ttt al
has "a n,.sfd 80 roh;t+ ~ AZ ~ ,;,,a ~, Nm,
TX, aar;ra I;nansa IN ali IL ass thar a,;t;os
H. Nh, ush;ra io rorta,ad ronaai 80 5;h;t;an 20
nnsa bnt ~ IN wh;cl ia 49,, 70 b
ne Sr nar fn rlntd t the a e IF b ~r ~ % II
bnc I,annfactrc md heetrc horc M r. tbe
n,sa lot ,st vi a pnr ~ Ma;rn i,,r . cnr,ar how
oror ,v,s s,,nni, rn,;rn ,,,r ia
rrn rnntrn ~ tba Stst.. tbn i,ttaI 4 rnra
n thu eyoiva nn,var yns ~ thn o,ns ,r,;o,, IN ln
Urcss in relation 10 foreign commerce. and cxcrcscd bv Con
sress in thc eysnr laws rronl,nr ,a ~ f
ee;on ,-nes and ,;nnrer, s's M " '
lf the Maine law nroh;b;ted th uno,to If I;,or,
f.,,, m, corntr;ar So. ~, Ia
held to be valid for moment because in collision with the
absolute power Of Congress regulate commerce. whether
as between states or between this country and other coun
49, 800 as Wy" ,s NV natehuse'sS ahc ino p
i admitted that Stat Law which sa .anorsa,;ont
Of foreign spirits being repugnant 10 the commercial power
in the federal governments and contrary TO the of Con
c ana nts o h, GIBSON WIN ,; ;nc ac,
of the articles by the Importer il would be The dut of ,h
court to declare them void. Now, though the Maine law
has no direct prohibition against the importation of foreign