The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-12

lFrom inc Or0ooo ClSUtn, July IT,
bee The date Of our last publ cation, We have had
al new cases under the Liquor law, and some
Sge proceedings on the subject. Chief Justice
lin, of the Supreme Court, being In town ON
Fdsy last, two persons confined in our jail for
hg lnor contrary to law, were brought before
Honor on habeas corpus, and discharged from
Pdy. The decision Of the Chief Justice, on this
extraordinary ever delivered by any Judge,
or low, in this or any other country. In giving
ecisiou, he lost sight of the dignity OF his sta
and descended to the low and vulgar gasconade
earroom politician.
& were not 10 attendance Mt this interesting ses-
Of the supreme Court, but all we have beard
X Of It agree in the opinion that the conduct OF
Judge was anything but manly or dignifed, aud
be certainly must have been good deal "kow.
eyouleo.n A gentleman who was present and
notes Of the sayings and doings Of His Honor,
furnished rs with the following statement,
b IL fully corroborated by others, and may be
b upon as being substantially correct
wing heard, on Saturday last, that Chief JUS
Corwin was hearing case brought before him
writ OF habeas corpus, entered the Court
!, and behold there was his honor In the judi
sat. His face shone with unusual brillisncy,
ng like the setting sun when the western sky
aud lowering. He evinced great deal Of
estDesa, while the younger Mr.. Corwin was ar.
the case for the State, interrupt him fro
tly and serving the defendants sometimes In
spacity Of witness, and at other times In the
city Of advocate. must say, however, that his
yer fairly beat him in the argument, and allowed
the signatures Of the speakers VI the two houses
Ohio Legislature, the certificate Of the Score
Of State, aud the publication Of the law by au-
ty OF State, aff0rd ed better evidence Of the re.
! passage OF the law than could be brought
il. The court testified that he had examined
journals Of the Legislature, and knew thas the
- not passed in the manner prescribed by the
init M tl1oo md x2rh H.
lsrged the prisoners. In giving the deciaion he
d that he wished to be reported correctly.
q Court hated all such legislation in his heart.
ls defn0salizing in its tendency. The Legisla
had AZ much right to enact laws regulating the
Of beefsteak and onions as they had to legislate
! the use Of whiskey. The Court beld that no
ial officer should withhold the right Of Aa6eas
~; that this WAS the bulwark Of our liberty,
should never be denied to suffering party;
be had never read the law, and that he never
4 read it. He despised the law, and he des-
the men who had passed il; that they never
dee that It should be Law; tha' ct the seat Of
rment and the large cities no attention was
70 1t; that il was only in small places, where
men lived, who could not bear to see their
bb0rs enjoy themselves, and who would get up
ement Cd such questions, Which should be put
p; and he would be unworthy Of his place II
ID not meet and decide the case.
70 Court held that the Legislature had authority
70 law to prevent the evils Of sing from the
f Intoxicating drinks; that the law in question
just such law. II Was not prohibitory law,
u II had been passed In accordance with the
idons of the constitution, IL should be enforced.
4 had not been passed according TO those pro
=, and was therefore no law. He would there
sentenced under II.
wishing TO do Judge Corwin injustice, We
him the full benefit Of statement Of the case,
ssed BY personal friend Of his, and which
no doubt revised and approved BY himself.
reader win notice that al tho offensive lam
i omitted in this. We suppose, upon second
thought, it was deemed advisable to omit 1t.
10 the statement:-
10 Judge, after promising few remarks IN op-
jon to that class OF legislation which prescnbes
man shall eat, and what he shall drink, and
ewifhsl ne shall be clothed, proceeded 70 say
government has discharged its functions when
DIVIDES for the protection Of the citizens per-
Liberty, personal security, aud private pro.
has been urged here, in favor Of sustaining the
under considera ion, that Judge Warden, Of
nbug, had caused to be published an elaborate
Jon, fully sustaining the constitutionality Of
ew, and that this opinion 10 fully concurred In
hdge g san and John W. Andre rs, Esq, Of Co
|ue. IT 10 sufficient to say of this argument,
khesS gentlemen received handsome fee for
tter1hce Of that opinion, and have been known
rsscSte for violations Of the law under that
lon. n.
9 eonst..tion Of the State Of Ohio, section sth
y scledule, is as follows:-
10 licunss 10 traffic in Intoxicating LIQUORS shan
Feafsef granted IN this State; but the Genera
nbly ~ by law. provide against the evils re
- fhis It Is evident that the constitution Of
sate ofOhio sanctions the traffic In "intoxic It
quors,n but at the same time the General As
In &, oAe IN do
be- from the sale Of Intoxicating liquors. With.
however, stopping 70 consider whether this is
hlbitofy law, or slaw merely to provide against
wills resulting from the traffic, the constitution
fr provides I'd, section 16-that every
ball be fully and distinctly read on three sepa-
be House in which il shall be pending
dispense with this rule. The Journals
be Senate and the House Of Represents
are By law public records, and contain
evidente Of the legality or illegslity
acts Of the Legislature. 81 referring to the
SIS Of the Leeislature which adopted this law,
be discovered that the pretended law was not
ted in accordance With the requirements of the
itUtion. II was read but once In the Senate.
bid constitution contained no provision against
Evils of hasty lcgialati0n; and the restrictive
pres embraced in the new constitution are part
remedies which were designed 60 be corrected
new constitution. This law, then, not having
passed In accordance with the requirement.
constitution, is not law. II either the execu.
pr legislative departments Of the government
K, disregard or refuse TO observe the require.
Of the constitution, II belongs to the Judicial
tDleut TO enforce their Observance, and bro.
By proper Ps0ce9, every citizen for their VIC
The REALTORS must therefore be discharged
be Rankin, of the Probate Court Of Franklin
y, has sustained the following points, raised
counsel fhr defendant in liquor case:-
section eight OF said Get no person can be
e.ed for violation Of the provisions Of either
three frst seetions; the information mus,
b, the Stab must prove joint violation Oi
PROVISIONS Of the 6rst, second, and third 80
The phraseology Of section fourth, and ol
bart1f eectiDn eighth, which refen to violations
) f,uxth fee4.os, is 20 vague, dark, and ambi
- 70 mabo conviction under its proviaonl
sible. Section fourth refers hack to the thre<
eeti0ns; no person ,an be convicted under ii
ek NJ miles &c b guilty Of and charged wist
violau n Of 0e proyiGions of tho three frsl
-. The Information was therefore Quashed
the other CAGES the prosecuting attorney hat
ter . notie Cisueiand Plaindtaisr
b.
ess q tho Rennsyfvanla State Tompe,
RaoCo Cwnvent1on.
e Rev. Mr.. Rood, from the Committee on Ad
reported TIE following, which was unani
y adopted
ow Ci,izeus;-Ths Temperance convsntsor
met at Harrisburg On the 7th ult., was call
ether under Sh8 following resolution adnntef