New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-23
for The decision Of THE Court and not for the purpose
Of making Temperance speech. -
Mr.. WssIse folIowec on the same side. He con-

NJ WsE1xa fo(,ovec on the same side He con-
tended that The prohibi.ory Law il OF Itself merely
police arrangement Of The State, made by popular
tey,,sure In the exerc;ze Of powers conferred uDou
then, by the Constitution 0i this Sale, aud IN .esfect
10 II overs Of the Legislature Oh III At -d1rct De re-
terred 10 several The forfeiture OF liquors vas
hut renalfy imposed by the Legislature upon 'he per-
.cp rho shall undertake 70 exercise this trnhs in 0p-
position the law Of the land II wa no new feature
in tie exercise of Legislative powers
After quoting numerous authorities and cases IL
surt ort II the POSITION advanced by hmelf md the
precedirg council Mr. W concluded by remskiug taat
In view Of the situation n which this matter placed,
and the degre OF public interest attached 70 rils
question, and the excitement which prevals m the
CITY AMI State upon the subject, the Couft WIZ see
thatIt ia Of The utmost impOr ance that a decision
sbould he pronounced AZ early possible az 20 the
constituionslty Of the law There Is no trouble NJ
ell in tfi City about enforcing the law Every good
citizen be he rumeeer or not, VIII aod" Dy me law
az coon az IL il known TO be cousonaft WIN the Con-
siifutior As proof Of this may merrol that the
Sunday Law although but recently enforced, is nos
strictly obey ed. and not rum-siore II now open on
that day. AL II quiet N every place WITHIN i1e Ciiy'
felt il due that should make this observation 20 the
Court 10 DO the public justice, ask, therefore, that
your Honors viii decide this question; and know II
10 he fact that the citizens OF Brooklyn prepared
TO submit TO the law; ana hence II IS that IN excite
ment ID abroad in community.
Mr. Lori then addressed the Court on behalf OF the
defendant. He said the last remark OF the learned
counsel who had Just addressed tho Court proof
that the laws which preYlDuFiy eXBtel-OelOTe the
TfohibtOry Law was enacted-were sufficient, if en-
forced 10 have secured the end desired by the advo
Gates of Temperance to bring this City and all other
cities Of the State into order and sobnety. The admls
sion strikes at the very foundation OF the ground on
which the passage Of this act has been advocated. II
the friends Of Temperance had been as anxious 70 sus
tain the laws os they already existed as they have
been 10 the passage OF this o6Doxious statule
they would have done far mere to secure their OBJECT
and promote temperance and peace in the community
Men in their zeal have forgotten their duty. Men IN
their zeal have forgotten that there Is such thing IN
our government o. private right. Men Ia their zeGi
have forgotten that they had duties 10 IeriOr 70 So
cety-tO enforce the laws that were IN exsfencei
instead OF that they raised a clanlor in order to
make, if you choose, saint-giye him what
appellaiiOn you choose. Now L am not
called upon to discuss the subject OF Temperance
or Intemperance as was suggested just now, but the
friends of Temperance invading the private rights
of the community, and therefore AN 10 defend those
rights and those principles of individual liberty wncn
underlie the foundations OF cur Government ms Is
not question of Temperance or intemperance, but IL
il question of individual rights and legislative usur-
patton. la Government, Ike ours there Is no power
that if omnipotent. We are all under the restraints,
not merely of the Constitution but the enforcement oil
constitutional restrictions, and submit there are
some elements of right, rome rights OF lndiylduss,
which the Constitution cannot dvest us of and which
are beyond the power Of the State Constitution, and
ii this very species of right which tins Legislature
in their wisdom have sought 10 invade.
The learned counsel then proceeded TO argue that
the first section of the ProhbiOry Law IN the PLAIN
est manner admits the construction that ntoxi eating
liquors. except such imported, shall not be sold,
and consequently that it Is lawful to sell imported
liquors III any quantity He then referred to the State
and Federal Constitutions 10 prove that the Prohibi-
ory Law in several Of its other provisions ia at vari-
ance Herewith, ard concluded by prenouncing II
utterly void and opposed to every principle OF cons-
tuiional and natural liberty.
This closed the The decision is deferred, proba-
bly, until some time in August.