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

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avessei subject 10 quarantine, improperly spprosehis
The City. II. 49,, -. so Of q frauiglent naaS
iac'ure Of salt ~. 27e, ~. Ed) 100. 10 ofs rs
convicted Of treason where the AftO-ney-f o,ss
may Issue bic warrant directing the seirure ami -
and pay the ayails 20 the State. n. 2ss63 Sd
cattle sirsying ID. 3sl. 20 Of boats nav gating =,
canals. 10 2t7, ls7, 1s9.
And there are some cases where The whole object -
tie seizure s 10 destroy. A. IL re cs-c on gamipsss
bes exposed TO public view he day Of an elccts,
or militia parade. ~. col, 5. 30 OF sal,ad "a
picked provisions bides, skins and cotton hs, shs,i
after lst June rernain in this City south OF cet,i.
line rs. 443. & Il. So of unsounl and patrid A.
cles or cargots dangerous 10 health. TO- t1 4 10.
4u.S3. So of whavos. basins &c. in the canal. IA
24s. isS. 80 of badly made salt. 10. 2sl 81. s,
Of liquor exposed 10 sale s: militia parade. 10. 3et
Ssl. So of dogs chasing sheep. 10. 100, us, &c.
Here is mass of cases where for years-in some ~
stances from the foundation of our Governmeat-pre.
cisey the remedies now gwen by tins statute a
the case Of intoxicating liquor have been eoaexd,
sanctioned and acted upon IN different CASES where tie
morals or the health Of the people have been ensa-
gcred by the practices sought by those laws 10 b. r
minated.
Itis not many wears since horse-racng and lo,ieres
were tolerated in this State. Attempts were made by
the Leg stature to rcstiic, abolish what was deenea
evil in them To attain those ends some Of the meAns
now rrescribed 10 liquor were resorted TO, and he
racehorse the prize aud the ticket chke declared
10 DC forfeited. They were property a. much "a qa9
is and yet Tie laws have stood their ground unqa.s-
toned and with the aid o. time have well periorned
their intended Office.
And must confess cannot see how those moars
can be any more unlawful when applied 10 hqaor,
than when applied 20 any other thing thai has been
eaIdcd az detrimental 70 the public welfare
IU-There l. however one ground on which they
are claimed 10 Dc Unlawful namely that party nay
he deprived OF his YoleIiy without Jury u.ai. 80
he NAV under our Law in many O,her Instances, q
taxes for instance, fues, or IN summary convic.
tons and IN the whole range OF Equiiy, frvbG.e Add
Admiralty Isdicilon.
The mistake consists IN supposing that The term
"due process OF law necessarily means trial BY
iurv. Dur Constitution, Art. l, ?. has secured
the trial bv Jury only IN cases ~ race q rad oeH
"heyr,ofore used" Thus excluding from Us range The
whole class OF equity iuris fiction ana OF snmmAy
proceedings. Both tl.cse classes are numerous and
itpuortant. and have ever with US been conducted
without iury The thousands who are sent oyery
vesr 10 tie pententiary Migrants, the numerous
iruudueui debtors whose property 70 wTlng nom then,
widows and children through the Surrogsses Office,
the various subjects OF the haoeas corpus, nave prop
crfv and liberty bot disposed of without trial by
iurv And so L has been from the foundation OF our
Government. Yet ihat could not have been II p" tae
process OF law included OF necessity triai by
Jury. But this question has been settled by cur
Courts. The clause in effect athrns the nght OF
trial according the process and proceedings of The
"coumon law 3. >tOry on TIE C0Hst. l,7e3.
Kent Com. -. "Tle words cannot mean less than
g prosecution or suit instituted ana conducted ae-
cordng TO tie prescribed forms aud solemnites for
"aseeraining guilt determining the title TO prop
"erv." Per Bronson J. in Taylor w. Porter. 4.
HiH 147.
Now summary proceedings like thsse provided BY
this siaue have been known for ages 10 the English
law whence we derive our jurisprudence. Tney were
a art OF that greet sysiem OF the common law Wuca
forming the law of the Colony on 18Th April, i7ls,
was by our Constitution, art !, IL, made TO %
tie law OF this State, subject TO alteration by 10
LEGISLATURE. They have long been applicable under
oui law to vorious onenses against dccency, uiorss
and good order, and | cannot see throughout ths
whole ena8mCrts Of this statute anything novel ex-
cept the Application Of old long established and wed
wonted proceedings to new subject.
And am clearly Of opinion that i was competent
for the Legislature to make the application and there.
fore Il Il hose provisions OF the act which warrant
search and seizure AMI destruction OF the obnoxious
article ale valid and good IN law.
The decisions often referred 70 IN nassachuscs 4
and Rhode Island holding a different view do not
lear VI on the question IN tins State for tue spe iea
ron that they are based clauses in the Co0eututos
OF those States yse, sr- our CONSTITUTION AZ
early az the DAYS of The Federalt This peculiarly q
tie Eastern Sta,es was observed, Gen. Hamilton in
NJ. s3 observing: 4" La the four Eastern sfsfss 40
uiAl by Jury not Only stands upon broader founl-
alton thCn IN lie ether States nut If a"endcd WIN
4" recuiiarity unknown in its iali extent 70 any 81
them, &c.
Thecauses in their Constitutions referred TO are these
In KhoLe lsland-ATf l. Is: the night TO the trial BY
Jury shall remain inyiolate, without he quaiic 3
lion contained H. our Constitution IN al cases ia
which il has been Heretofore used" And 10 hasss-
ohuseta the revision Judgment of his peers or hs
." law Of the land has been held to mean trial BY
Jury in a regular OF legal and judicial proceod-
inC-t i6lor ys. McGlIr LdW Rep. 6s2-while ln osr
State tie trial by Jury s not in all instances neces-
DIV part OF legal and judicial proceedings, as have
alrt ady had aston 10 remark.
Ul.--WHosE DRY Is IT TO EyFoRcE TIE LAwf
answer it is the duty Of all those who are charged
with tie obligation ~ administering any other portion
Of the criminal law of the State. The Judges of lbs
Supreme Court by virtue Of their position as officcr
of The highest Court of original criminal Jurisdiction,
and ruisunnt TO The powers conferred by Statute a
Rev. stat. zoo. Tie Judges OF the Superior Court
of tie city, by virtue Of sect % Of the sci establishing
that court: and tie provision Of the Revised Statutes
already quoted.
The Recorder Of the City, the City judge the Police
Justices tie Chief Of Police, and ali the policemen by
virtue Of their general duty to enforce our punoy
code; the MAJ AID Aldermen OF the City not only ~
Of tier formal duties but especially a. super
vsoIs under The 18th section Of this act the Sherf Of
the county and lis ieI utter under their general duties;
and the Recorder, City Judge, PoceJ ustccs District
justices aud Justices Of the Marine Cour. in Ibis City
under tie fifth section Of this act.
in regard TO Some Of these officers they may in re-
spect 10 portions of noir duty lie coerced by nanda-
nuf; all ere liable for neglec, Of duty 70 be cor
yicied and punished ior misdemcanor, aud some q
them also liable 10 be removed from ofice--as for
exsmT the sheriff, whom the Governor has power 70
remove. heU. -. Is, ga.
The fact that the statute imposes certain specified
duties upon some % these officers does not By any
means exclude the Others from the obligation of thar
general duiies; for the rule tn the inclusion Of one
y he exclusion Of others IL applied except where
the clause itself would otherwise be wholly imperative
aud Hugsiory .si0ry tie CoHst., 81 7o3 o. III.
Does the act Of is4s, which confers on he Poiiee
jus ICES elected under Constitution all ibs
IOrers Of 81 eciai justices for preserving the peace
the City OF Newiolk de- rive the Judges Of the So
prone Cour end the other higher Courts Of the pos
IN criminal cases conferred them by the Revised
Statutes That cannot with propneiy be claimed for
tie rule IL that exception is introduced by coz
sIueiOD only wien the enactment Is necessarily &c.
clrsfxo Iern~r,s He-. ,h.rc - no $1,000