The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-20

Survives uoW sHiau ID TIE party OppOseu W Inc
measure; and we believe that in the House the
result will be the same.
| THE MAINE LIQUOR LAw-IMPORTANCE OF THE
RECENT DECISION IN MAssACHUsErTs-The re-
cent decision of the Supreme Court of Massa-
chusetts, declaring unconstitutional section
Of the liquor law of that State, commonly
known as the Maine law, is an event of con-
siderable public interest and Importance. The
opinion was drawn up and delivered by Chief
Justice Shaw and was concurred in by all
the Judges. The Supreme Court of Massachu-
sets is distinguished for its learning and
ability, and the decision will have much weight
throughout the country.
The Court declare the fourteenth section of
! the Massachusetts act unconstitutional. That
section directs that if three persons, voters,
&C.. should make complaint, under oath or af
frmation, that they have reason to believe, and
do believe, that spirituous or intoxicating
liquors are kept OF deposited, and intended for
sale, by any person not authorized, &C., said
justice or Judge shall issue his warrant of
search, to any sheriff, &C., who shall proceed to
search the premises described in said warrant.
The clause contains provision for a more spe-
cial complaint to warrant the search Of a dwell
ing house. The Court says
l. The measures directed by tn ..eeuth section of
this act in violation of the fourteenth article of the
Bill of Rights. That article declares that every subject
has right TO be secure from all unreasonable searches
and seizures Of his person, his Aouses his papers, and
all his possessions. All warrants, therefore, con-
previously supported by oath affirmation &c. 1t ap
to US that this act in terms warrants and
unreasonable searching and seizures and Is therefore,
contrary to the constitution.
II. Another ground upon which of opinion that
the act is unconstitutional is that the commencement
and of proceedings required and directed by the
series Of measures provided for in the act many of the
precautions and safeguards for the security OF persons
and property and the most valuable rights of the sub
ect seduousy required and insisted in the laws of
all well ordered governments and specially prescribed
the growing rule Of the legislature in our declaration of
| rights, overlooked and disregarded
The Bill of Rights declares article one, that all men
have certain natural essential and inalenabe rights
among Others that Of acquiring, possessing and pro-
| tectng property.
Article X-Each individual has a right to he protected
in his property by standing laws.
Art ri. Every subject ought to find certain remedy,
by having recourse to the laws &C., to obtain right and
| justice freely, &c.
Art XII No subject shall be held to answer for any
offence until the is fully and plainly, substantially
and formally described TO him. He shall have right
produce all proofs favorable to him. meet the Witness
against him face to face to be fully heard in his
fence; and subject shall arrested deprived his
property liberty, estate but by the judgment Of his
| PEERS or the law Of the land.
The opinion is very long, and the grounds,
as stated in detail, on which this part of the
law is pronounced unconstitutional, are nu-
| merous.
They are, mainly the uncertainty which. in
many respects, characterizes the proceedings;
the fact that the person proceeded against has
no opportunity to be confronted face to face
with his accusers that he hos not the benefit of the
legal presumption of innocence, but is obliged
to prove that he is not guilty; and that no pro-
vision is made by the statute for trial, for
determination by judicial proofs, of the facts
upon the truth of which alone the property can
be justly coniscated and destroyed On the
contrary, the statute expressly directs that if
the owner fail to appear, or (that is, if he does
appear) unless he can prove that the liquors
were lawfully kept, they shall be declared for
feited, and the owner shall be adjudgcd to pay
fine and costs.
AS to the provision of the statute which au-
thorizes judgment for a fine and costs, with
an alternative sentence to imprison thirty days
in case of non-payment, the court say -
The specific ground which this part of the statute
directing proceedings in prsond, is repugnant to the
crime offence there is provision for Indictment
information or complaint oath otherwise, in which
the specific offence, Of keeping depostng sprtuous
liquors. intended for SALE s in any way described
that it be put record and traversed, or an
issue thereon Joined and tried in the due of
Law.
By those old-fashioned people, who, through
all the madness of fanaticism, have adhered to
the notion that mans personal liberty, his ex-
emption from unreasonable search, the unmo-
Tested enjoyment of his property, are things
equally as important as the virtue of tempe
rance this decision by q court of so much emf
nence will be hailed as an evidence that some
of the safeguards Of our rights remain firm and
steadfast. A mans house is his castle, and
when it ceases to be so house is hardly worth
having. Invading the highest rights of the
citizen, for the sake Of reforming his diet or
drink is proceeding too arbitrary in its charac-
ter to be long maintained in this country. Tenn
perance is an excellent thing; but there are
other things-great personal rights-excellent
and valuable also.
This decision of the Supreme Court of Mas
sachusetts win be followed in other States.
Important results will ensue from it. It will
be well for those who frame future temperance
statutes to have more regard to the fundamen-
tai principles of oil law, and to rights which, at
this day, even Legislatures cannot invade with
impunity.
SANDERS Is CoMNG-CLEAR THE WAY FOR
YouNa AMERIcA-The recall of George San
ders by the Senate has given rise to a good deal
of speculation amongst the qu,d nuncs of the
English press. They cannot understand why
progressive democrat like George should be I'M
fortunate enough to fall under the displeasure
of democratic body. They have yet to learn
that there is in this free country as in Others
considerable amount of old fogyism, which is
antipatbetic to the political smartness and go