New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-23
merely aects the value Of property much Or little "a
destructive Of that property.
Jsdee STRONG mean MAINLY destrsct'ce. IL n
mainly destructive Of the use of property.

merely affects the value Of property much Or little -
destructive Of that property.
yHdpe STRONG mean MAINLY d>strsetfps. IL =
mainly destructive Of the use of property.
Mr.. VAN COTT-Iet me put case to your Honor;
Suppose there sarg impOra alton opium exposed
for sale IL the internal commerce OF ne etae "a'e
paid some attention this subject OF opium kno"
that it, use II entirely prohibited 10 Chioa and becal-e
Great Britain had lere POSSESSIONS where thls slnce
was grown for expectation 10 various por', OF Cos,
tie Chinese occurred suppose me Lee hia.aie
should say that TIE Of OPIUM except tor edcnai
rurrAses il mere indulgence that deierioTate- al the
power of the physical man that i tends to hao'is OF
ideress and unIhrfl IL tends to destroy the ~
tersss Of those who use IT, that 1t Is taihe that only
encoureges its use and these sed Effects therefore,
police r. gulaOb, the article wherever exposed Tor
sale shall be seized upon, except where sold Tor medic
inal purpose. Now suppose your honor should De OF
Union with the Legislature IN the .st place that these
were the effects Of the traffic in opium then here is the
law which destroys the value Of opium article Of
e. mmerce- would that be constitutional lawl beg
10 know too if your Honor should happen 10 differ
with the Legislature upon this point, whether the
opinion Of the Court can be put III the place Of that o.
tie Legislature upon that subject
Juore STRoSG-The question IL whether il is in or
di1ery use or in lie abuse that II II 40 injurious.
Mr. VAS CoTT-There is a traffic which constantly
tends TO ts abuse. Ii involves everybody under the
operation Of our social customs.
Judge STRoNG-I do not that the use necessarily
involves the abuse.
Mr. VAS CorT-If we 90 to CoDstantinople, opium
IL there considered an article of use aud ia sold lst
liquor lie sold here. Cannot they prohibit It's SHELL
Judge sFRo5SG Their religious faith affects the
habits of the people.
Mr.. VAS C6rr-Could they not prohibit the sale OF
opium if the ordinary Of the article is injurious
Judge STRoNG-l DO not deny the power 70 pro-
bibit the use Of epruous liquors if their original use
Injuries sometimes. But where 1t If only by rea
son Of the p use of it, think the case is different
Mr. VAS CoTT-Both liquor and opium may be
good as medicines, but then frequent use injurious
and even detrimental TO life
Judge BROwS-There Ii DO port OF The world where
opium is used as article of food.
Mr.. Vas COTT-I do not understand the sense "a
which your Honor means q" article of food" If
il IL ar mere article of pleasure of physical enjoy
ment il is so used in COnstantinope. There is en-
ioyment or exhilaraton Of the mind sought IN both
cases.
Judge BRowY-The wines Of France Germany
and the fermented liquors of Great Britain are used
as articles Of subsistence therefore can perceive
very wide distinction between class Of indugences
and the other.
Mr. VAN CorT-The only question is the greater
danger of the one than Of the other.
Judge STRoNG-The Court docs not communicate
any opinions in these discussions. The question: have
been put for the purpose Of drawing out discussion.
Mr. VAN CoTT-The mex. point TO which wish 10
call the attention of the Court il the abstract
ing reatog TO the nature OF organic society formed on
the English model. submit the same general view
on the great law Of selfdeense hst admitted 10 be
the fundamental principle Of all organized society.
Men enter into society for the purpose of Euual pro-
lection their persons and property; hst they may
be more safe than they could be in state of nature.
give up OF my natural freedom to enter into
this artificial state OF society. We incorporate toto
this organism of society in order TO be defended from
internal and external FOES who threaten us. There
must be somewhere within tins organism a power 10
determine what s hostile TO IFS existence and what
weapons shall be used 10 repel danger. We have
not the power TO use our own Judgments
Gs TO what things dangerous to oar
personal safety. We have Invested ourselves volun
tarly Of this power determine this question for
selves. In pure democracy this power would be
vested in the people but ours is not pure democracy
so that the peope cannot collectively decide what Is
deeterous to society. Now, wherever this power is
lodged it must be general undivided power and 80,
from the necessity OF the case until you can md
human being who fOrete,l future events, and fore
see the future operations OF human passion, and what
will operate against the safety of life and property,
Won must lodge this ndiv ldual power OF determination
IN the hands OF a certain portion of the government
II must be vested where II can be used IN exgencies
Judge STRoSo-Are you not describing des
potisml
Mr. VAS CoTT-No, your honor; a constitutional
principle of our government prevents i's becoming
despOdsm. The power of the people, great revou-
tonary people, is always despotsm- Society must
be completely armed from head 10 heel l wish 10
show that the whole uniform practice ofmodern polti
cal societies established liberal principles has been
10 vest this power in the legislative department of
government. Under own Constitution that
sovereign power is lodged in the legislature The
first article of the first Constitution of l777 section 2
states The supreme legislative power within this
State shall be vested in two separate distinct bodies,
of men" That subject 10 revision, aud the
paramount power was vested IN twothirds vote oil
the Legislature. Then the Constitution of 1922, Ar
tcle section l. states that " the Legislative powers
of th State shall be the vote Of the Senate and the
" Assembly They left out the word supreme"
The Constitution of ls4s is in the same words. The
terms large and comprehensive and as underlined
in the Constitution could be used, and the only
terms that could be used wife safety. If you say
that the Legislative power was not competent 10
enact this law, will answer neither is ths power of
the people in their original capacity competent to
this act. My proposition is that the judi.
ciary power is not competent 10 deal
with that question. That the legislative power just
as conclusive and complete in this matter as was the
original power of the people 10 frame and adopt Con-
sttution for this purpose. 1t Is evident, contend,
that the terms employed by the trainers of our
Constitutions both of the State and OF the Federal
| Governments, employed in the sense IN which
they were used the time by the best English auho-
tee The trainers those Constitutions had been En-
elish coloniss, and had derived their knowledge of
law and their modes OF expression from those writers.
| Mr. Van {. then read quotations from Coke, Dallas,
| Campbell, GTolius, Blackstone, story, Sidney and
| others to show the application OF the terms used
in the Constitution of the State vesting the
ultimate absolute power In the legislative
branches of the Government and showing that II had
in modern times been the policy of enlightened, civil
lied and Christian communities. Lord Brougham in
his Legal Maxms has laid down the same principles as
those of Blackstone and the other authorities Alger
non Sidney, whore blood spilled in defense of
British liberty and who could not be expected 10 favor
despoism IN any FORM lodged this power 10 judge of
danger and TO act ON the defensive in the Legislative
! department of Government. The authorities have
quoted, continued he men who were all on the side
OF freedom and popular writers IN favor OF free Gov
! ernmens. Among them all we lind perfect uniform
ity in laying down this doctrine for the conservation OF
| civil soc;e'y
Judge BRowN-I never had any doubt that the
proposition is right in the main upon the authorities