New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-03

that no mans property snhl DC taken without due
process of law II provides that neither life. l5ery
nor property shall be teken without due process OF
law Property, YOU Will perceive, Is placed in the
same class as life and liberty and held equally sacred
in the constitutional function Now measure by that
Constitution the IrcYisi0n OF this law which provides
for the seizure of all liquors except such as
are kept by a certain designated class OF peo-
ple II prpvidcs for the forfeiture, under GER
lain circumstances Of liquors IN manner
which can show 10 be unconstitutional. Lei me
ilustr ate this by putting that might easily oc-
cur: Suppose that quantity of liquor, ten or hun
dred hoesheads ii YOU please, kept IN cellar or
siorehouse in hs CITY. BY the terms of this law any
person who suspects or beieves"-that Is the term
used IN the act-tha 1t Il kept Tor an unlawful Puf-
pose be nav make his complaint. Upon tue making
of that complaint which is not required TO be in WI
ting the magistrate is compelled 10 issue warrant
against the property. He Is then compelled 10 issue
warrant against the If he know who the owner
e and If be do not know the owner he IS nevertheless
compelled 10 issue n warrant against the property.
The warrant goes forth All the liquor on the prem
ises is seized and removed In the warrant time
meniOuedat which the owner claimant shall appear.
No place Il mentioned al which he may assert his title.
II he is absent from the City he gets notice. and
there no provision in the act that he shall have
tioe but the &C provides that notice shall be served
upon his agent may be left a. his last usual place
OF reside nee with peou OF mature wears, NAV
be stuck upon the door of the place where the liquor
was kept. Now, fellow-ciiizens, YOU perceive in
the tint place that the act csutemplates serving
the notice upon the agent. Now there are various
kinds of agt nts; there general agent, who may
have TO appear who has 10 administer the general
business OF the person who appoints him. There is
special gent that has TO attend TO the particular bust
Either of thoee would be subject 10 the nOtics
SupIOse, for instance, man might send here cargo
fiom another State Of this Union of domestic wines or
brancy and who had an agent here for the purpose
of Taying drafts or attending TO any other business
than that concerning the liquor, yet the no.
tice might be served with this process; that
"a VlQti ny Or Dr
whetl il be left with persons OF mature years.
or stu, uron the door, within thirty days the
make his appearance and bis claim. II he is abb
sent or for any reason does not come 10 make his
cleim and here many circumstances which might
be mentioned which we would tire you TO specify in
which il could not be dOnetho liquors in the time al
lowed could not be claimed 10y the What the
result Why the result il that the liquor is forfeited
and destro, ed Now felow-ciizeus the Constitution
Of the United States that no mans property shall be
taken, Z" except in the due process of law"
BY II at due process of law the alleged deten-
dant is entitled 10 have the question: tired by
a Jury of his peers-by the glorious jury system
that SYSTEM which is the protector of the innocent and
enforcCr of the law against the guilty, which my
frend III the crowd says is an essential element of
liberty (Cbeersl. Now, follow-citizens, that argu-
ment is clear, distinct, and, believe,
BILE. suppose the owner does appear. What then
Suppose he makes ms claim What then Then the
mag isirate who has Issued the warrant requires him
before he nterpOse any claim to his property to
swear that he is innocent and does not intend % viO
late the law when he makes his claim. He is assumed
to he guilty, and must prove his innocence IN
the int place. | say such provision Is
outrage upon the rights of the Christian citizen.
say ii subjects OF no nation in the old world wonld
ever submit such erverson of the first principles
OF government as this. Ihese principles are not
pecuor to the Constitution of the State of New York;
they part OF the great Charter of Liberty which
was wrung from monarchical despotism and are
stated in the 29h chapter of that instrument. The
State of New-lOIk, within the limits of which we
stand declined at first to give her assent TO that In
stiumeni but at length yielded 1t upon the ex-
ing property as well as life and liberty should
be preserved Have wefaen so far below our fathers
that BOW we repudate that article OF the Constitution
of the United States with the adoption vi which they
became, have become, members OF this sublime Con-
federacy Never, no. never! Felow-citizens might
suggest topics. The law is full OF unconstitutional
provisions. am glad to the bottom of my heart that
You have met here tonight to encounter them as
Won should do by this expression of public opinion
efore which the assauors and yolat0rs OF the Con-
siitution will quail and tTemble, and sink lCheersl.
1Lee is not one know IN this vast assemblage there
ia not ore among these true patriots who would hcsi
tate to present himself here anywhere to vndicate
the Constitution ICheeTsl. Our fathers indicated It
by then blood [" BrayO-o--o Shall we not vindi-
cate il BY our votes Cheersl. Are we to be cowed
down by the waves of temporary excitement Are
we to sink oil our rights and all those principles which
nah IA men7 I'' No mol " Never neveri'I We
are Justly proud of our national flag. We rejoice when
il IL caued the utermost parts of the earth, and we
TCRIect IL because IL exhibits to the nations of the
eaith The emblem of written Constitution and of
uouuar sovereignty Loud cheenl. When the Con
stiuOn is invaded, when weak men fail in its sup
uOit and vixen there is patriotism TO sustain II,
e al gg droop and fall into the mud, where will
surely fail If the men who will not assemble in the
commercial metropolis of this country, the men who
forget that Loud explosion OF crackers the Consti-
tuition il for children well as for them, they de-
serve no Constitution, and they deserve no flag
4 Eel len
gtH. The action Of this meeting IS based on Con-
stutonal grounds Keep II firm. Hold your
or oIents TO that issue. know that that love of
Constitutional liberty will carry the fight through 10 a
successfu result and those who sought TO strike out
tie secured rights through the mgis of the Constitution
will he ashamed TO acknowledge that they were ever
guilty of such aot this and that while those who
sustained it. deriving fresh courage and fresh vigor
from their former foriitude and endurance from their
orics Of the past and their hopes Of the future will
transmit To their children their part in the great
test IN vindcaton of Constitutional liberty Loud and
prolonged cheerngl.
Great call for "Rynders,' Captain Rynders."
Gen. HIRAM WALBRDGE was introduced. He said
he did not consider it incumbent on him in private
essemblagos of the people to give utterance to his
sebtmenis lie would rather let them be expressed in
the dschnree of official duty. That relation had ternl
mated ana he bad returned again TO the bosom Of the
uCoule whose honor he was elected 10 yindicate in
The House of tie National Representatives lCheers
and " Hip, hip !, whose honor he should endeayor
to guard either in public in private life. They had
come together 10 resist most unjust, most inqui
tors, aud most tyTsnuicel law lCheeringl But
let If EN- temper their deliberations with reason let
the IN remember that if this law was declared Consti-
tutiOnnl there was power more oTnnlp0tent than
law-ihe power of the people in primary assemblies
loud cheers; enormous enthUsiasml. He counseled
OF en- resistance to this law only through the agency
OF that weapon that comes down as still
As snow-a fakes fail upon the sod,
But ffeemaDs viii
As lightning does the will Of God"
Three CleCs.l He was no lawyer and could give