The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-16

sonstrued to prevent the importer Of foreign liquor
from keeping selling the in the original packs-
liquors" This section also declares that it shall not
be lawful to seize sell destroy any liquors deposited
fouad In any bonded warehouse within the limits Of
United States from being taken from such bonded
warehouse to any place beyond the limits OF this
that the Legislature supposed import liquors fell With
in the provisions of the rst section Of the act but they
cannot 30 made to nuify an exception explisit and
and which would be wholly senseess unless made 70
have that effect II the exception does not mean this 1t
These provisions Of the twenty second section may
with much more reason be rejected superhuous and
nugatoy than to hold that this exception void and Of
NO effect whatever. Such in my opinion the result at
which every court would arrive.
TO the prohibtoy pro- Aions Of the frat section OF
the act, my conclusions are
They void SO far respects imported wines ana
other liquors. in the hands OF importers while In the con-
dtion OF imports and he keep or sell them In that
condition, in entire disregard Of everything contained
This right secured t, the importer by the law Of the
q The state has power regulate and may prohibit
the sale Of other liquors, aud see ground on which
the prohibitions in this act against the SALE keepns to
respects Invalid although do not intend to be under
stood that, on the other hand, they all valid
hibtory clauses Of the first section all imported wines
and other liquors. that Of ts provisions as to
fines seizure and forfeiture for violating said clauses
mot really contain any prohbiton against keeping sell
ing giving away imported liquors at the pleasure of
the owner nor can any such property be seized or con-
proceed to the vinacatory part OF the act
The act may do credit to the courage Of its authors
for they have not hestated to cast upon the lower
grades Of officers, judicial and ministerial throughout
the state Of the most novel; sweeping and dan
gercus character. The execution Of the act far
respects the Judiciary, is committed great degree,
to Justices Of the Peace and other subordinate magis
Wit ain rr1ifa ande Rut
IL this act be upheld, their powers over personal
liberty and fortune are, to great extent wholly unm-
section eleven, impose fine from ten dollars up to any
other sum- however great for which, in default Of pay
each dollar OF the ane iSec IL, a. This Is power
which no man should possess and to the exercise Of
which people At to be called free would bs likely to
submit But happily the constitution declares that
cessive fines shalt not be 'mposed shall cruel
usual punisnments be inflicted" TART l. sec 5 that
there is out little danger to be spprehended from this
attempt to establish unlimited power to fine and i'm
prison.
But this is not all which goes shox the rscessness
with which power has been lavished upon inferior
gistrates and officers The act gives to these magis
rates the power to adjudge various grounds heavy
conviction upon which such zines and imprsonmeat are
adudged, constituting ground for the forfeiture of
property to any amount whatever II kept by the person
convicted in violation OF the first section OF the act
too the search seizure and destructive powers OF these
are limited by the amount of property
to sSudgs forfeiture and destruction without regard 10
quantity and vaue-(sec. 9, Z, Ii, 10 The same
authority which order the destruction OF ten dollars
worth Of property may be exercised where the value Is
ten hundred thousand dollars. Sherifs, consta-
bles, msrshals and police men, are required to ar
rest all persons wnom they shsa see aGtIsliy en-,
the rst section of this act and to seize all liquors kept
in violation Of aid section, at the time and place Of the
connie sion Of such offence" These provisions shoe
with what lavish hand these despotic powers have
been granted, and how utterly regardless Of
quences were they who venured to invest subordinate
unfr0uu0utlv rrospOnsibl0 with
extensive and arbitrary and in their nature great
to be abused 1t may be that the people Of this
State will be able pass through this struggle without
the acrce OF any great nterast the perpstraon of
great wrong but there is much room to apprshend
that in this State as we shall hear Of acts
of violence, If not of bloodshed.
Let examine little more closely some OF
the punitory provisions of the act 1t assumes
to authorize in summary way, by proceedings
before justices Of TIE Peace and other masis.
tTate.. (sec: q the seizure, conascason and de-
Of any of the provisions Of the first section; andI wall
inquire whether these provisions compatible with
the constitution of this State II they violate that in
strume Mt which s law to the Legislature, they
doubt to that extent wholly void
The constitution declares that the legislative power
Of this State shall be vested in Senate and Assembly,
Cart. sec ~ Here is no limitation, and the clause
in its comprehensive terms If left free from restriction,
would invest the LsgslstuIe WITH AL such is
But the legislative power OF this State in various par
tculars restricted BY the constitution treaties and laws
further restricted BY the State constitution That in
strument declares in sententous and emphatic terms
no o
This binds the legislature and dvests 1t of all
to deprive any person. however humble sinful
due process Of awn such peSTaEt upo aos the mSa
fury OF factions and the scarcely dangerous zeal OF
solemn duty Of all courts to give to i full effect LIE
liberty and property can in this way only be preserved
from unbrdlsd violence.
This the constitution has especial references
to criminal proceedings and those under consera
tion of that character (Green Briggs Curtis
eoas
tutes the offence alleged TO have been committed and
the intent. where that s material ingredient OF the
crime, should be duly set forth and charged against
the supposed offender. We have statute Of the State
which declares that in all criminal the
IMPARTIAL ary and is entitled 10 be inor%ea Of d. an
ture and cause Of the accusation to be confronted
with the witnesses against him, and to have
pusory process for obtaining witnesses in his favor"
(R. S. %, IA This, to be sure Is but statute
and may be repealed by the Legislature. but there
notrDg in the act in which looks like "a ntsn-
ton to repeal it, although there obvious design
to evade Its urements The spirit and substance Of
the requirement above the rea:h of the Legislature
process Of law extends to ana everything ex
pressy declared 10 the section Of the statute whca
been copied That section is only declsratory Of WHAT
the office Of an Indictment in the higher grade Of
crmet inform the accused Of the nature and
of the accusation" and the same should be done by
complaint in the prosecution of minor offences. Great
strctness is required in indictment that the party
may be fully appraised OF what is alleged against him.
A complaint may be less formal than indict-
ment and still be good, but, 10 matter Of
substance, It should contain distinct statement
the criminal act and intent which constitute the al
legged offence. Without this there be s.due pro-
law for without it the accused Is not informed
he always should be- of the particular offence alleged
against him. This clause also requires that the suppos-
cd offender should be brought into court to
the offence, he should be allowed opportunity az
ter due notice to meet the charge made and denied BY
him. it's truth falsity should be determined BIZ
according to the Of the law There must
be such complaint and ,h . trial. opportunity
for one before person be deprived
Of life, liberty property by such proceeding. All
will agree that this must be 70 e liberty, and
this saving clause of the constitution equally CONTROL
ing for the preservation Of property. Life, liberty and
property by the constitutional shie
.due process Of law Green vs. briggs supra, Taylor
and note 8, 5 story's Com. on the Constitution,
page 681. Fisher vs.. McGir, Law Reporter,
series 622 and the next two cases following in the