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

| the law Of Msssschusetts:-
sS 81 Upon ass Ss s Of ANY civil action
% V
but such delivery shall be sufficient evidence of
In other words, when an unlawful sale of liquors is
alleged II is sufficient to convict the accused Of misie
meanor to subject him to ne and imprisonment to
forfeiture of his property merely to show delivery of
liquor an act legal and under some circumstances,
mendable. Reversing every principle Of evidence aud
justice proof thata citizen has given delivered to
mechanical or medicinal purposes BY monstrous legal
inference convicts him Of crime Thus without proof
of guilt he is condemned unless he prove his nno
cence. What security have ctsens against the in
vasion of their homes, by officers (who directed
without regard to the presence absence Of their
pants, diligently to search their dwellings when the
/ proof of innocent act is sufficient to convict
of an offence and to place his home upon the level
Of the shop warehouseY This act highly penal and
the searches which it directs designed to pro-
perty and to procure evidence Of violation intended
The domicil Of the citizen has heretofore been consi.
dered sacred and has been fortified and defended
by the principles of the law that is Familiarity
although the occupant is charged with murder trea
SON Under the most tyrannical sovereigns of England
only deviation Of searches for stolen property
which are allowed upon the ground that they are de-
cepton has been regretted by eminent urists and its
propriety doubted
What cannot legally be done to detect the darkest and
most dangerous crimes is directed by this b pro-
evidence of guilt and to forfeit property for
which legal and the criminaty Of which is ad
journed until the close of the present year.
The l3tn 14th and 18th sections Of the BILL directing
the forfeiture and destruction of liquors. unconsu
tiona 1t is declared in section g. article of the
stitution, that no person shall be deprived of lfe
liberty or property without due process Of law"
Section of the bill directs the officer when warrant
is issued search any place. o seize all intoxicating
liquors found therein" If complaint is made that sin
gle cask in vessel custom or warehouse is unawfuily
designed for sae all other intoxicating liquors such
vessel custom warehouse, must be seized although
there complaint pretex that they to be used
1 fcr fpl oIIxa
large quantities in commercial towns Any person pac
ing single cask of Intoxicating liquor which is unaw
| fully owned in place where such articles are stored
| subjects them all TO seizure.
This may be done by malicious persons with view to
their seizure to take advantage Of this unguard
ed Law to get possession Of property with fraudulent de-
/ signs
After this sweeping seizure if the owners are unknown
or cannot be found and their places of residence not
known to the officer he ia directed to deliver notice to
Of mature age residing in the place where the
seizure made or such be found by posting
the notice upon the outside of the premises in two
conspicuous places in the city or town.
Section 13 directs that the liquors shall be stored for
after service posting notices; after which
upon due proof of such service and posting such liquors
shall be adudged forfeited by the magistrate unless they
Section II OF the bill directs that the magistrate when
the property is forfeited shall issue command
ing that the liquor seized and forfeited be destroyed
The productions Of the citizens of this and other
States sent from all parts of this great country to be
against intoxicating liquors. authorized by this act,
would open door to gross frauds and malicious proceed
weeks
insufficient to non-residen the case Of liquors
seized because they in the vessel warehouse
with Others and forfeited and destroyed because the
did not know of their seizure il cannot be said
that such have been deprived of their property
| by due process of law" No complaint has ever
| been made with regard to it, nor is it within the
| contemplation of the complaint which the
warrant issues and which sweeps it into the of the
aw there may be charge petext belief that it is
designed any unlawful object no inquiry or investi
CATION to be made by any officer to ascertain the facts
on he wit ufp
for unlawful sae it is forfeited and destroyed for this
| imputed offence.
stuonal rights not protected. The Supreme Court
of this State has decided that the terms ue process of
law used in the constitution, 'cannot less than
prosecution suit instituted and conducted according
to the prescribed forms and socmnes for asceraniny
that the of protection against Legislative
extended TO life liberty and property
and the latter be taken without trial and
| judgment. there s no security for the others"
lhe riga's 81 property cannot be destroyed by
fore for sn claim to tn, and
claim lsas proof. and and .sssscn. I easrsa IN
~ ss ns snss % a
erury thai such liquor is foreign production and has
Herewith the Original nS paeH
snS as an
the same was ssI, y him m for lawful purposes That The
; b
shsrsor Ii; property person. ''' .
Although the seizure and forfeiture is highly penal in
its character and no charge is made that the property
is illegally held yet against all principles of evidence,
justice proprety it that the law has been
violated that the owner is guilty and his property La
BILE to con6scation, unless he shsw by positive
proof that the same kept for lawful purposes" This
makes it question Of intent of which ii Is impossible
| to give positive proof"
There nothing in the act requiring the complainant
to appear against the that he may informed
of the nature and of the accusation in truth
complaint may have been made against him or his
property II is not required that he shall be confronted
with the witnesses against him. his guilt is assumed.
True it is provided that the magistrate jury shall
hear the proofs and allegations offered in support of and
against the claimant and that witnesses may be COM
PEELED 10 attend but until the claimant has first shown
by positive proof his ownership Of the property, s e
gaty and that he kept it for lawful purposes the law
requires allegations and proofs against HIM the
is made complete by the original pare oaths upon
the order Of every other known proceeding he stands
convicted until his innocence is proved upon charges
! made against other parties.
This is not due process OF law This point recent
y decided in the supreme Court of Massachusetts where
the question was involved. The language of the
Bill Of Rights of that State is not decided against such
forfeiturcs as the constitution of New York.
The other objections shall urge against the bill apply
TO provisions which not contained in the laws of Mas
achusets nor should they be found among the statutes
Of any State.
They are opposed to all well settled principles of COM
mon law dangerous to the liberties of citizens and
repugnant TO the religious and moral senmenes of the
community Whatever differences Of opinion there may
be with regard to laws prohibiting the sale of Intoxicating
liquors there viii De none with respect to features
| of this bin.
| Section 10 provides that
Whenever complaint oath affirm alton in writing
which complaint shall state the crcum
upon which his teefis founded shall he before any
magistrate by that he has suspect
asd does and believe that offence against
provision OF this act has been committed and
other named by him, has
ledge OF the commission Of such offence such magistrate
he ttnk there be probable to believe that uch per
persons has have knowledge Of the
such offence shall forthwith issue per-
| 81 named, commanding him them
before him at place and time than
thereafter TO te degnsted in such summons, 70 testify in
| relation TO such complaint.
Section 21 directs that
Whenever shall appear he brought before
magistrate provided in the two preceding sections
shall be the duty Of such magistrate to administer
person an oath or and to examine him for the
purpose Of asceraiEng whether offence had
Inted against provision of this act. IL such
shall refuse te affirmed to any ques.
ton pertinent to such examination he shall he
70 the Jail there 20 remain until he shall
TO be affirmed to If upon
nation it shall appear that such offence has
med within the jurisdiction of such 1t shall be
his duty issue warrant for the of the offender