The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-03

ing decoverp M and pupishipg any violation Of
uncslko Tor by any puslc necessity, and is therefore,
| tJrsDpicai
Resolved, Ttst 70 far the purpose AMI object OF
this act ~ to ,purdtct and prevent rom drinking
spirit us liquors spd beverage at all tines
and IL all pisess-.veo st bome in dweili0gs-
for % By end all OF spu1tuous liquors
beyepsee ia presept4d or tItrnced to be prevented
(snd app the main offset and irposo Of
beverage in pos.oe A. lar as tbs gsi.tare bad po ~er
10 legirJst. the subject Uatter soemniy pro
test assrs I.t enb as tyIanp'csi but as onconsttu
tors1 Drcosttrtols1 as DOt being a.thtr by rhs
powers of hgslston given to the Legislature BY tho
copsitlticn Al thu STATE the individual private
OF the Iops OF tnis state, which 90 not, and
duectly affect otherf or the government but wnich
eDy directly afecr ,neuo~n inoividasl private cn~
ectsrs pet or economy, net being the legtns
subject o. nooc,psl reg uiaons or laws bat beng
y0rd u tr coIuo'
is trus that tho only limits to the
power a. III. people OF h STATE the express
mons a. that power con'hred the o.
stste sro oitsd states IL is not true tast UPON
eneIjrg into tociry all his in
natural rights sne berty The people OF this STATE Ia
training ssc adopting the written constitution OF this
State o,o not Ider and did not iot1nd 10
der tte right 10 naBsge their own individual private
sf.irs in 'e. ssy, except so Tar as thor d.tes
and obas IONS TO otters the rights Of others and the
protection hba security Of aovsrnrcent. required
1hs constitution Of tn state, like the constitution Of
tire other State soo OF the United Sates takes for
granted ,n- .sr,-pcs sDo connSusd mvi,abty of tho
greet prucplr OF pa,ursl justice Of right wrong,
modified by .,i.ns colol ia customs and Institutions
and OF tbe se 1csh,e0, universally acknowledged true
obJects apo INIT Of CIVIL government and OF m ncpAl
law, as ols' LgUsb-o nom revealed or natural tsw
Most OF the txprerr provisions in these constitutions
for the prot-con Of ,be natural rights the
rsirap's upon TIE sdb'teos or expressly granted ies
innate Ios-r bj,ets Of legislation, and
inserted snd were rot necessary 10 be nsertec to
| tect him non violatop Of THESE great piinclvies
Surely, with -uhout the clause the constitution
ferbdoDs ,bs ,asms o. private property Without com
pen satop the Legislature wond rig nj or DO yer
| TO 'ske ile prsp spe,ty OF and give IL TOT
There Is nothing N the constitation expressly for
bce Ing the Il sreeoy or murder surely no
~ n N Ia INN has n
sttuhoba,.
There may any express clause OF the consttu-
sion when rstraiDs the passage Of law compelling the
citizen 10 ray grace before meal forbding him from
eating meat prescribing how often be may meat,
bed wh,eb he smell sleep; how often he snai h>vs
his hair cut shave 5areiy any such lsw would b.
DO, only sbrnIc pUs unconstitutional. wnyg Because
such q l-w wcuo not be wtnn tbe Legislative power
give in The constitution Iesisation under the gene
raj poser OF legislation in the consttunon cannot
fully sx.De t*youd the proper subjects and scope Of
ic'pAl laws regulations DIST, uisned from
revealed OF ratura. hss as 1oderstoed and dened ~
the time the adoption Of the constitution Munici
pal Law Is ,ule o. lv conduct prescribed By the
Ireme 20 stete.'
It's cono Tor q citzer in hia relations to
the government apo to others; IL his
and obligations 20 the government aud to Otheev
the letter belong 10 the nstnraI or revealed Law.
IL might b~ ohcUf TO prescribe any lint to the
power OF ~. Lsiaor- in 'or oieoing say op-n seacn
which may ty lure Affect others, II by
force of eisnps only that
there ia 20 ~Dy limit to it, but th nix it right
undertakes ny Uoiversai prohibition TO regulate
private character conduct NOR ala OF the ctizsu
to prevent II ron ipjorDe himself and whisn 10 not
justified, Or pretended 20 be jastded act OF pub
lie policy, Tor ,he purc good excspt 40 tar thi
uriv.rfa pr6tib ufn may indirectly aod ult'nsy
prorot4 pubic good by promo ling the individual pr
yAte morals ADc OF the people of this STATE
thus Date better citizens by makiux them better
men, was Dot auibor'zsd oy any legislative power given
| by the constitution
We feel o.led upon assert these principles 10 90
fence Of rgbts against th~se ascss Of "a
natiosm in the legislation justly to BE- appre
hsndsd, ana particularly DANGEROUS, where idsss OF
ana morals change not only with the revolution Of
years but WITH toe r.v .volutions OF parties.
strspgs that vs should early IN our career ss
tion calico upou snunciate and rely pom these
rrnopisr against proceeding OF the people themselves
uncer cover ~ their oSD written constitution
Can II be- tbat extr.m. democracy has tendency to
| rup INTO extreme tyranny
Resolved That the n,csssity and coustitutlopaiity
OF lAws esjnuipg allowing he abatement Of nus.n
the ana destruction Of infected the
destI pcaous weeds, OF dogs runnior ut large
interoi. iDs ct.s trso~s operations njurous to
cnsra-fer pnrposs entirely consistent With the
erounes Upoo whicn ci~im this prohbitory bqsor
law TO be- tyrsnpicsl and unconstitutional because
the 70 aostsd, and the traie operation
interdctco supposed to be, in urious OF
aston o. such others but ALCOHOL OF itsef IL not
pusRn sDy force of words even "a statute,
charge the physical chemical nature OF thing, nHd
make that which in its nature Ii strk.Dgy
curstiv- ard eotisaItc Sp1tuous liquor IL not an1
csppot b@ pur offensive TO any one, unless be
drinks It any injured by II, II s mi iry he
brings upor himself BY his voluntary actoa Laws
foY The abatement of nnifspoes rational snd just
con the prpcpls every p@sson ought to
property as not TO pjure bis but the psrou
NJ right liberty 80 act, and to use your
NOT 70 irnrs or offend your neghbor as strong and
sacred the obligation not to injure HIM his pro-
perty.
dvidual neinbers thereof voluntarily mi urng them
selves BY the Of apirtuous liquors vioe bev
erags. jpstifes their absolute prohibition beverage,
We 60 not zee Why any supposed persooai injury from
uc use Of tea or cohe would autoof-
lie the ABSOLUTE prohibition OF tina OF tea Coffee
or meat.
Re,oy.d That the act itself Acknowledges tho justice
/ and correctness OF these
The declared object Of the act Is 10 prevent the Of
vines and quors beverage. Then Why ont
directly pr b.b,i the hiking OF and sp,ruous IL
quorr NJ b~vsrsgy MOI that would be too and bold
attack pom private rights But the &C, undertakes
10 do spo ooes 90, coversy, and a roundabout vay
bJ succession q the mort extraordinary sad anoua
'ous pro'isioDs (o the extent of declaring wns,
which the act ttseu shoss is consecrated By holy
crsmtnt nuissnce 'ha, ~h,ch IL dare not do openly
thus mas,ng paisste aok noweogmsnt Of the sacred
OF privae rights and adding to its gross sttacK
! aJon these righ,s he MANY OF cowa-dice.
/ Resolved hat 90 eorr'an no very high opinion Of
| abstract morality, conasttog OF words merely.
We ackpowIsdgs aud rexrs, the evils result ng from
the n'emserste use Of araeo. sprits As pnlsnthro-
pists IL s DUTY 20 prevent ana alleviate those -vs
| IN every legitimate and proper manner and 70
every Jusfifsbl- ext-nt But, our opinion sue
,,sn,s n,ssr ,hs CIV o. mi. 40, s1p,.et mo
rslrty. urged or BY aoatcsi zeal would do greater
injury TO humanity b. destroying the confidence Of the
world 10 re psututonal governmtn Mt than has been
| caused by vine since the CAY o. Nosh
Resolved. That se opposed 70 this law, as sian
der upon t5s people u this State direct iegis
atv. decar-ton tnst the people OF this state not
capable OF msnssing tner private affairs and
cuc snd ~ inconsistent with their claimed capacity
fer free goysrnu.pt
s'rspye, that tie people themselves should declare
that hey csb safely be uust-a with the rsht 10 make
| laws aod 10 elect Judges TO constrae and execds
those iass but cannot BE- trusted with wine sprta
l ous liquor IN tbesr houses
Resolved, A. tie citz-Bs OF the city Of New York,
regsfo 10 s-, not opy "a uncons,ftut onaI, bat
violation o. the chartered rights OF the city, snd
wanop ard upcsled for attack upon the business oros
periiy Of large class Of citizens from whom tbs
STATE has heretoore or.~D lsrg. portion of ts
pue instead OF preventing paup@rism asd its
title would Indicate the intention OF this Law
believe that the sudden ant viosnt dsstructioo Of
business employing some thirty thousand persons thus
forcing them Gro wi otp other occupations, At time
when there ~orhsrr in every branch Of bls
shsn ~ould b. 70 thse evils Ia toe
| community rather than 70 d'meisn or prevent them
k.salvsd That .bauver may he the Just grouoas ,or