New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-23

from our markets they nigh, reserve il for
certain mechanical or chemical objects. Bn'
too palpsbly absurd 10 need discussion. ins We
contend hey have done with regard To these
liquors. They have prohibited their use for n. man
purposes for which they have been Designated IN Tor
crncs by the Legislature Of the Stse Of New YORK.
They have thus not only rendered them Of no vslss
whatever but destroyed them property. Iney
have even gore further than that. They have not
only destroyed is valus-ro! only taken from the
citizens the proees OF their labor they have already
bu. they have said the future Of thsa
property hereafter manufactured shall always be
elutss and prohibited. Now contend that the
Legislature in the FIRE, place h,ve n. hi TO destroy
This propery-haye ghi To restrict the citizens in
the use an6 enjoyment or disposition OF the property
thew have acquired And ia the second place We say
tho Legislature have no right to determine al act As
r;e N,licb IA not ra6asg per ~ or being required
bv any peculiar necessity. | contend as pnnciPs
which think is obvious 10 the mud upon presenta-
tiop that when c Legislature undertake 10 connne
that 10 be crime which is no, conceded 10 be guilty
,ct nv flo community generally they are then clearly
irvaGii The rights Of the minority cannon under-
stand the principle of legislation by whics the bare
Insjory of the people of the State OF New ork nave
fislt 10 regsrd that crime which large ninori-
" Of tko citizens consider innocent. Inst when 10
criminal in legislation, that which is obviously i'm
moral or on act such in s nature required to he sup
pressed by some paramount necessity can DC auo"eo
10 be regarded
Now in the manner in which the Legislature hsvs
framed tbs act they have not merely und, rtaken 70
define by legislative enactment what shall be NUS
arce but thew have gone further and undertaken TO
define BY legislative cnac'mont, and determine by
statute what thela~s of nature, by egsating that
certain kinds Of liquids Intoxicating IA their char
ecter they have for the purpose OF avoiding uncertain
" peTlSps dettr miued tl8t distilled liquors and malt
| liquors are intoxicating. Now any man acquainted
with the first rudimens Of chemistry knows there ars
varieties of distilled liquors that are not intoxicating.
DO not know that It follows that all m.t liquors are
ntcxca;inr Ii may be question for tn JUICY or for
the Coufs of Justice 10 decide. have right 10 say
La, certainly they not intoxicating because they
are lCgisletec 20 be so.
So with regard 10 VIVA, shall be nuisance. We
say The Legislature have right 20 determine any
thing to be nuisance By enactment What is nui-
SARGE is question to be adjIdicacd IL Is something
for The Courts to 10 whea they have the evidence.
and when the Legislature undertakes to pass upon
that oucs lion the Courts ulsy determine what shall be
so REGARDED That the Legislature has right without
restriction or restraint 10 declare anything TO DO
nuisance ia a violation Of the first PRINCIPLES Of leg sa
| tion end jurisprudence. Ii this Legislature have
right 10 soy that wines and malt liquors. Nc, are
nuisance by act OF legislation, they have Just as good
| night 10 say Of animal food that 1t is nuisance, or
any other liquor the most innoxlons substance ia
nature cold water is a nuisance. We have rig1t TO
complain: We have right 10 come to the Courts on
that question of enaoments protesting to determine
whether certain articles constitute nuisance or NOT
VIVA, s there in the history Of the sale OF these LIQUORS
| which IA a nuissncel itIs obviously true that they
are articles which have been used rom time immoms
rial and always spos OF in terms OF eulogy by writer's
sccred and profane and by all classes OF the people,
4
of our own State proper beverages and spoken Of
| in terms of eulogy in Holy Writ. Wine Is
ticle symbooal of our holy religion typical
of the blood of the Redeemer and shall lie yisla-
turo say of that article that il is nuisance Have
they a ri ht 10 take hold Of dspensation and to
| thus subvort what was instituted by our Savior as
| symbolic of His own blood, aud declare that it is
| nusanec7 Ii this be done il must be done by ex,er
mnatng Of the Gospels, or by tho insertion OF
new one. What it shall be unless II be the Gospel ac
cording to ~. Clarke cannot say There is no such
1 i Il. Ill toon JorN or Taatou
| When Legislature undertake to say man is COM
mittirg n nuisance and deprive him of liberty for do
| ing nothing more lees than the founder of our
religion Himself did, it seems to me that they have
gone quite beyond the functions placed upon them.
| / do not think Legislature has right to infringe
upon any principle common or natural, whether ss-
cured by the Constitution, the laws under which wa
live the principles upon which our whole social sys
| tenn ia based and which find exempifed in tina
ToligOn under the benign influence of which ID our
| privilege 10 live.
Judge SrRosG-The law does not declare liquor To
be nuisance itself but only the sale of it in certain
| manner
Mr. HADDES-It declares it to be nuisance when
used " in violation of this act"
Judge STPONG-lt does rot declare II 10 be nui-
sance when kept for the purpose Of being drunk in a
mans house.
Mr. HADDFN-I 90 not understand how man can
get ore Drop Of liquor unless be gets imported liquor
as understand that man is authorized 10 get
drop of liquors manufactured in this country. Those
persons from whom be buys it cannot got domestic
hQuOr unless euthOrzed 10 Sal Tor certain purposes.
The Legislature has drawn this pure chemical dstinc-
ton botwC en the liquor which il imported because it
is of a better quality than domestic liquor therefore
they have followed the principle to which haya
alluded.
There is another peculiar mode Of legislation adopted
in this act. They seem to me 10 have disregarded
every ordinary principle OF legislation, and have
brought into this oct every incongruous notion which
over-zeal and fanati,fsm could invent. There is
instance In the second section Of this act In descrb
ing those who shall be licensed TO sell liquor says:
ANY citizen Of good moral character or Of ths
city where he intends 70 sell intoxicating iquor, -
hereinafter provided"
Thus the right to sell is restricted to electors Of the
State. do not pretend TO be saunch defender of
the excessive rights OF woman, yet | would like to
know what legislature has RICH. 10 say woman
shall be excluded from the privilege of selling liquor.
especially elf she be strong miDted, energetic
woman Have not the women IA good right 10 sell
hauor for medical or for mechanical purposes the
male citizens Of this Satel Droll legislation this IL
will ore of these DAYS be considered very important
item that the manners Of other countries should DO
adopted here aud females shall only follow this that
sort of trade. AT the same time the question Is Just
as clearly and distinctly violated in this case, hav-
ing excluded a whole class Of this community who,
cept in regard 10 the right Of voting, have the sama
rights Of citizenship as The men. suppose the women
of this State have right 10 sell property well a.
the men. Although the allusion may seem ludorous.
there If in It's effect an exhibition OF the same principle
OF eIclnsiycnes whichs just pspable here, just
erroneous If it were of higher Importance IN ITS
aspect.
Judge STnOsG-I was not aware that tho question
Of womsn's rights was involved in this question:
Laughter.
Mr.. HADDES-I was not aware Of il until / began
10 feet who were electors Of this State, and it
cured 10 me that very valuable class OF citizens
would be deprived Of this night aud it's emo unents.
Persons Of a certain color, uress hey have property
qualification, excluded from selling these articles.
! merely aude 10 this 70 show the manner In which