New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-05-22

nal and doue.tc ain of the State Is full and ample
provide for domestic traffic in any article ana en-
force Its provisions except only wnere rs Po"es =
restrained by the Constitution Of the United states OF
OF this State We are therefore 10 look into those IN.
sruments 10 If there Is any restriction lnpos1
upon the otherwise ample power Of the State Lessa-
tuTe.
Thus looking we find these provisions: l. In the
Constitution o. the United States ia aneHd5'cHfI
The right of the peJfle 10 be secue IN their persons
"houses, papers and effects against unreasonable
"scsrches and seizures shah not be viosieL :; In
the State Constitution Art. } ~ Inc uh oy
Jury in all cases in which il has been heretofore
"uscd shall remain invi)a;e forever. 3. In the State
Constitution (Art. !, s. no person shall =" be deprived
fife, liberty or property without due process OF
claw"
Now, as understand it, it ia objected 70 his part Of
the Liquor Law that the search for liquor provided IN
it L. unreasonable that The forfeiture Of the liquor
NAV be adjudgcd without a ral BY jury, and Il may
he utterly destroyed without " due process of law
pause a moment 10 consider thee QUESTIONS
I-As ID THE SEARCH.
l. The restriction in the United States Constitution
of tie power OF search is not limitation Of State
nower but i smlly an enactment guaring the people
fgsinst unreasonable searches BY authority of the
General Government, and wss Intended simply as
restraint upon the power conferred on the Federal
Judiciary 1t therefore has no application 70 the seton
of the State Legislature and can IN no respect affect
this law.
Q Our State Constitution does not, ike the Const
tutors Of some of the other States contain that clause
SO far o. our State law and State authority !. con-
cerued IT !, provided in our Bill of Rights, which IS
merely legislative enactment, that any subsequent
Legislature has full power 10 alter, modify or repeal
l Rer. Stat. 80, II.
3. Even if il were otherwise, If the clause in the
United States Constitution was limitation on state
legislation still am Of opinion the search would be
legal because could not be justly Regarded as IN
reasonable within ths meaning Of the Constitution.
Tie mischief intended 20 be rcmeied by that clause
in the Consu is well described by Judge Story,
who saws lis introduction WIS doubtless occasioned
'by the strong sensbility excited both IN England
and America upon the subject OF general warrants
'alrnoet upon the of the American Revolution.
Although special warrants upon complaints under
oath stating the crime and the party by name against
whom the accusation is made are the only legal war
Grants uVon which an arrest can be made according
"to the law of England, yet practice had obtained
Sin the Secretaries Office since the Restoration
" of issuing general warrants 10 axe up without
"naming any persons in particular, the authors print
Gers and publishers of such obscene or seiious hbels
"as were particularly specified IN the warrant
3 SfOTH on fke C0Hst., 1885.
Il was the search under such general warrants,
naming neither offender nor place to De searched, tat
was rogaried as " unreasonable and was aimed at
I'm this amendmeu, 10 the COnsti-uh0u-spCcia search
warauts naming offender and place, hal long been
Known the English las and were Of daliy use ~ me
Colonies Ii was lust about the time of our Reyolu-
ton that Lord Camtden. In Vas, 2s5, and Lord
Marsfeld in BUR-, 1905, made their attack IN fayor
Of Iibtrv upOn these general warrants and the prnc
pies hey established by their decisions were Intended
10 be inCoU beyond dispute mo our ui0ns
but the special scar l-garrants were carefully pre-
served from the condemnation measured out 10 tho
general warrants because "a was acknowledges on all
hands they OF essential service not only IN re-
storing IIOporty TO its uue owner but IN detecting
offenders. l CkWy CT. Inc, 81. Hgle's ~.
such has been the understanding of Courts and
Legislature since the adoption OF The Constitution,
and thus has been given practical construction for
three-qusriers Of century OF what was to be re-
rnrdfd qs an " unreasonable search.
1t il mistake 10 say that the only deviation is in
cases OF searches for stolen properly Many others
are known 10 our law. They authorized in eases
ofpo erty removed from demised promises to prevent
distress FOR rent Re-. Stat. sos, TO- IN cases OF
persons committed TO prison for any ofense, or rs va
grants Gisorderly persons. H. 7f6, p; for books
and papers in lie hands Of public officers, Il. 5. 49,
$50: by public Gdmiu strators for property OF de-
ceased persons H. l2C, -; for children detained
BY tic Sbakcis Il. ). l49, 3; for properly coa-
c6alsd by frauduleat debtors Lars Of 1881 500; in
the Inspection Of -four, for -four which Is suspected TO
have been shipped contrary to law. n. ~ $50 IS
n the inspection OF poG and pearl ashes, the same.
H. $40 a. In the inspection OF stavesand heading,
the same III. S6l, 1872, $40. In The inspection Of
officers, ID. 42s, II, and health wardens in New
York. Id. 4i0 Il in the manufacture of salt, h. 276,
les; the case Of selling green deer-skins or fresh
venison between Dec. and JAY, ID. 70l, ?, g. Ia
quo Grranto for books and papers Of the elected pub
lie ficer Il. s. 5s2, 80; in of pawnbrokers
whore on a. complaint that property belonging to
consent and lie suspects it has been pledged with
pawn broker justice shall issue bis warrant COM
MAJ ding a constable " to search for properly
"bezzled or TAKEN l K. >. H. 10; aud in refer
ence to gambling where not only gambling apparatus
nav be searched for and destroyed but lottery policies
ALEC and the household furniture and other ixtu "a
belonging to the gcmbliEg-place may be sold, and the
avas paid into the County Treasury. Lars Of 1851,
Oh. 5O4.
Such is the habit Of State legislation, and the Ma
tioral la,ion is Ike untoit As early 1893 (Sess
3 ek 81, ee) Congress enacted that every Collector,
Naval officer ard Surveyor, or other Person es ecIay
sluoinod by either OF them for that purpose, shall
have POWER TO enter any hip, &C., where they suspect
duable goods concealed and search for them, aud
If thew suspect q cOucealnlent in particular dwelling
house, 6c they shall on proper Application 10 any jus
tice of the Peace be entitled warrant 10 search that
house &c. Under the EnlaTgo law the same officers
had power gyea them themselves 70 search for cOl-
trsbaud goods; and when question under that act
came before The Courts this State the power hus
search on warrant duly issued was recognized. I
Sally VS.. Smith. IL John, H. SEQ.
Under the act Of Congress OF Fob 4, 1915, entitled
"An Get 10 prohibit Intercourse with the enemy" the
Custom Houfe officers were authorized to search any
ycese for goods which they suspecied-io sop aud
search any carriage AID cny person travelling on foot
ard any beast Of burden, and if they suspected the
Goods were concealed in dwelling house, they should
on Ike APPLICATION be iiiled TO search-wGrrenf.
So also by the same law they might search for mill
tary and naval s'crCs, and were authorized 10 sum
mon auy one within Ten mules Of item 70 a1sist IN The
arch.
But t is useless 10 multiply eases Enough have
beer given to make APP cable the remark OF the 81
Irme Court OF the United states that - a uniform
'' cOu Of action involving the right - the exercise
" Of important power ty the state Goyernmen Tor
"haif a century and this almost without question: IS
81 10 unsarf factory evidence that the power = rightly
exercised BrscOe VI. Commonwealth Bank, ii
Peters 257. And enough 10 warrant me N reiy.nz
upon the remark Of Lord Coke that Great regard
- al 80 t..nl