The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-17

House certificates Of importation and proofs Of marks
on the casks or PACKAGES corresponding thereto shall
contained in said casks packages those actually
i'm ported therein In each Of these enactments the
away from the power of courts and Of the jury by in
terposng between class Of facts proved and their e-
climate deductions, by stranipg evidence from its
There are examples in law of such enactments, but
they are most common where government shows the
to ss rs y
tenn OF nqusition and tyranny body of nformers and
spies called into being, raised to the dignity Of public
convict by the offer of half Of the fines inact
ed for the breach Of the statute These fines from
fee Sos ina
ant with liberal tariff of fees to quicken the vigilance
of magistrates and the zeal of other officials.
1t ia also to be noticed that in this bill all the prov
sions contrived to work together, to dscrmi
nate against certain classes of society and to ntepose
barriers against the poor and humble which the rich are
prohibited though the single glass severely punished
The wine grower may raise his own wines and sell
reign liquors may import brandies and rare old wines
from abroad, in the original package.
Inc owner OF renter OF single dwelling may revei 70
drink, while the citizens who live in houses which in
part occupied stores Offices or workrooms &C.,
not legally permitted to retain in their houses the
smallest quantity any admixure OF the liquors pro-
hibited by the act In the city Of New York the class
thus excluded is believed constitute the largest class
Of the pee pie and scrutiny would probably show that
this class included majority Of the most temperate the
most and the most industrious and useful
members OF society.
It NAV be regarded as one of the pecuaries of mo.
dern legislation this subject that this law, after de-
claring article Of nearly universal consumption for
centuries nuisance" yet makes special provision for
its sacrament OF religion and connves at the
means by which the socaled better class Of society
shall have the freest to it, Such characters hes
of law are not calculated to concate towards It that
respect and that loyal obedience which republican peo
pie should at all times extend to laws passed by their
These are the main features OF bill which, in many
respects especially in its attempt to regulate the trans
poraton Of goods between States and to obstruc the
reception OF imported goods conflicts not only with the
laws Of trade and the rights OF citizens but with the
provisions of the United States constitution These
btrary provisions this seizure Of property this search
Of honses this perverson Of evidence this dsorganiza
ton Of the jury perhaps necessary steps to enforce
the provisions of the law which assumes to prohibit ABB
sousely traffic not forbidden BY religion and in itself
not injurious to public morals or the well being OF
society.
from the constitutional question involved in all such
legislation by declaring that the property which II aims
to destroy is not property, will not avail The liquor
Of which it is made the grain which is planted and
grown, and the soil which yields it.
as Is ana taxed
in the hands of its specially appointed dealers and in
the possession Of those who hold IL with intent to it
abroad property where made, regarded pro-
perty by United States laws and treaties, pay duties
property, assessed taxed property; and
the fact Of the original packages in which they i'm
ported being broken mp more impars their char cter
property than does the fermentation Of the malt in
the brewers vat destroy its quality in that respect
Until, therefore, the provisions Of the constitu-
ton abrogated which declare that ssno person
shs be dsRsd Of @ Or w
be taken for public use without just compensation
the provisions Of the bill which authorize the arb
which prevent citizens from recovering the price Of the
sale thereof while they conflict with the constitutional
inhibition are void The modes in which such enact
ments sought to be enforced viz, the preliminary
seizure of property and it's subsequent destruction
equally in conflict with the constitution.
The highest courts of different States in which similar
epactments have been passed, have decided. Among
these the States of New Hampshire Massachusetts,
Michigan, Rhode leland and the District of Columbia
yet in none of these, it is believed does the constu
ton and Bill Of Rights carefully, with such pre-
else and emphatic language guard the rights of the
1t lie not necessary for the undersigned to report the
arguments set forth by these high judicial authorities
in the defence of their position We point to them only
likely to be repeated by tribunals, which,
however, will not be able to give final Indication
upon the BILL until society has been torn up by agta
tions by tigations, BY heart burnngs, by vndictve
prosecutions, and it is to be feared by acts of Official
violence side and public resistance the other
Such ever been the results Of coercve legisla
ton, when applied to the enforcement of dogmas
practices not within the true province of government
Where coercion begins in State liberty ends and the
precincts Of the latter. In republican system, the
introduction Of the element of force is always the
because the theory of such rests
upon the assumption of mans capacity for segovern-
ment and its administration should always be directed
to the elevation of the citizen to his true dignity by
education by the ameioration of his como on, by
the guaranty of his individual liberty of action.
The efforts of the teachers of. temperance by moral
suason, to lead men to abstinence from intoxicating
drinks directed they In appeals to the nelects
and the hearts of men, had than any teach
ings not Of divine inspiration The customs and habits
of society changed. The influence Of woman was
brought to aid in the discountenance Of Intoxicating
drinks Liquors were excluded from the family board,
snd temperate fathers inculcaed the virtue of self
restraint to their children. The example of such
form, founded upon the judgment Of men and their
moral and religious convictions gave evidence of q
race Of sturdy, minded people, II was a part Of
their intellectual training, which promised the most
gratifying development. 1t was most unfortunate
that this system of persuasion to virtue and pru-
dence was ever abandoned for statutory restraints
Thus far, the practical consequences Of the change
have been, that the efforts of good to resist the
spread Of habits of vicious indulgence have been relaxed
and the evil has become of wider influence II is to be
feared that the transfer of this moral question into the
hands Of the shers and and police Of the
State, will without eectng its end, tend Indirectly to
degrade the cause Of and its true
friends by identifying IL with the idea Of violence and
coercion and stranng it with the suspicion Of hostility
The laws now on the statute book II enforced would
to great extent do away with the public evils Of
strengthened by new enactments The Undersigned be-
lieve that bill could be framed which would the
exgencies Of the and yet not be obnoxious to the
objections which arise against the majority bill.
The law might judiciously punish drunkArds. IL
might prohibit the sale Of liquors to minors and I,
men. 1t might defiue what is a common drunkard and
forbid the sale Of liquor to him. II might impose pen
aties for the vtiaton and OF liquors by adueraton
the use Of drugs or any unknown ingredients or in the
It might restrict the number and man
ner in which liquor shall be sold to be drank the
premises Of the seller:
The committee ask leave to bring in a bill having
these objects, which they shall amendment
to the majority BILL and they regret that the proceed
ings In committee have been such not to afford them
sufficient time to perfect the details of it, and pre-
sent It with their report.
Y. 8. DUM0Nr, Committee.
GEO. A. SOARING,
ASSEMBLY CHAMBER, Jan. 10, 1856.
Annual Election or Omcers OF the Mercantile
Library Association.
GREAT EXCITEMENT AMONG THE MEMBERs-UNsUc.