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

power Of regulating the domestic traffic, and hk
rely within the sphere Of their peculiar authority and
therefore these laws not IN violation Of the Cons
tuition Of the United States Of any law treaty
made in pursuance under the authority Of the Con-
stitufion.
From these considerations Il follow:
/. That the State has power 20 legslste in respect
TO the traffic among is citizens IN foreign liquors after
their importation has been completed and they minge
with the macs ofother property.
q That il has power ecislate in regari 10 domes-
TIC quor manufactured in other States Of the Union
and brought INTO this state because the power OF Con-
grtss TO regulate commerce between the States no;
having been e1erted, the state Is left 20 the undis-
turbed exercise OF its original powers.
g. That II has power to leglsate IN regard TO liquor
manufactured within It's own territories by virtue offs
general power provide for the health and prosperity
Of iis people which power il unaffected By any eI-
press or even implied power 10 Congress.
U-THr HElss OF ESFoRcISs THE Law.
Tie means provided by the statute TO enforce IL
enscimonts doubtless severe and cumulative bat
with that have nothing 10 do on this ocoasion-my
purpose being merely 20 inquire whether any OF
them are unlawful. In executing that task / wll
enumeraie the different measures authorized d.
Teoted by the act
Rcqvsring Security.
!. Any eleoor Of good moral character and not the
keeIer Of inn other place OF entertainment, ke.,
may sell liquor for certain mechanical chemical me,
doira OF sacramento purposes upon giving approved
security violate the law. This rerncdy of re-
curing security is neither unlawful unusual II has
always been demanded Of persons licensed under our
gates and other public officers and Of persons conrue
ing to work for the public &c, and objection 20 ;s
legality can be imagined.
PaaisiaJh as a Ilslemeanor.
@ Selling liquor II declared TO be a mislemeanOr
punishable by fine and imprisonment, and the trial
may be had IN Court Of Special Sessions. In all his
there If nothing unlawful nor even unusual. Almost
not quite all he msdcmeanOIs known toOur law pun
ishabe by fine aud imI risonmcni, and very many Of
ferses are iTahe in like manner By the special Sessions.
The eject OF the act this regard i merely % place
the ofense of selling liquor par with PEI. larceny
end subject tie vendor OF ntoXcang drinks to the
sarae mode Of Trial and punishment that has so com
morly been dealt out to the purchaser who under their
influence has committed assault and battery or Other
vie disturbed tie public order.
ImPrisonment.
g. For the fines which may be imposed for violating
Tie law and for the costs wh.h may be adJudgei
against offenders they liable TO be imprisoned thus
sulccting item to tie punishment that Ii visited
upon coniempts, upon various petty ofeses ana IN
measure revIvinC tie former practice OF imprisonment
for debt all Of them remedies neither unusual nor IN
lawful, though sometimes unhapIily severe
Sgmmonipg Witnesses.
4 Persons supposed TO be acquainted with the tact
Of violations Of the law m9S BE- summoned TO appear
and testify and if they ueglec. to DO so warrant may
be issued 0geins them and they be fined and lmprs'
oued. This is the usual remedy against refractory or
manner in which it IS in any criminal complaint
before a Police Magistrate. Rer. 81. 4ol, 40.
Arrea Of In,oricated Persons
s. Persons found intoxicated in certain places named
in the bill may be arrested by the officers who are
authorized TO the processes prescribed by II and
taken before mag isiraie, who may examine them as
to the cause OF thor inioxic0on, ana may try them
for the offense of being intoxicated.
II proceedings Of nrrcsiing offenders and trying
them are the same which now obtain where one IS
found in the OF committing petty larceny aud other
efIenees, and have long been the usual proceedings
with us in srch They are less severe against
the nebriate than the previous law for there he might
ar disorderly person" or vagrant' be be summit
riy dealt with and be deprived of his liberty for
season almost without trial. but they contain the
additional provision that II is not the effect only that
is aimed by tie law but it goes back TO the cause
of the ino1icaiion and empowers the magistrate to
examine into that and detect and punish Il. And
TO That end the intoxicated persons examination and
trial ore TO be delayed until he becomes sober.
In ell this see no illcgalty indeed anything
usual except is in tie laws going deeper than the
effect end seeking TO detec, and punish the Of
tie oionse of nioxoatn and in refusing to allow
TO be tired examined for the oonse until he q suih
GENTLY restored 10 bis 10 know what he is dong
In both these respects this law { indeed a departure
from the usual course of legislative enactments
and the practice under them. For hitherto punishment
he's been oeat out Only to the consumer, and the
vendor has ESCAPED ard Il has often happened that the
drunkaT has been arragned, tried, convicted and
condemned while his reason too unsettled to be
able TO comprehend the consequences of his conduct
ell or in OF out of court.
Blu, even this departure from usual course OF
legislation this subject hts lis preceienis on our
statute book. Our statute against carrying concealed
weapons aims al the cause of crime and Is acknowi-
edged 10 be valid even though the Constitution does
say that " the right of the people to keep and bear
arms shall not be infringed ond in cases Of Insanity
our courts in Ike manner forbidden TO try the ac-
cused while tie is unsettled, but are enloincd
to keep him in safe place until he shall be re-
20, md yvh |
have never heard questioned but whose humanity
have had repeated occasion TO applaud.
Arren of Wonders Of Liquor.
6. Another of the enumerated remedies IL That
"SLerih. Deputy-SheIiff, Constable, Marshall or Po-
.Eceman 10 all process under the act TO arrest
all persons whom they shall zee actually engaged IN
violating the law-to make complaint against them and
prosecuie that complaint to Judgment and execution.
Thee duties are thus imposed on public officers, whe
ere officially and peculiarly charged with the conserya-
ton Of tie public peace and the enforcement OF our
criminal law and as long as we have had any gov
eminent it has been their duty TO serve process
and arrest and bring up for trial. burglars, thieves,
lonicdes aud all Others whom they discover actually
engaged in the commission Of crime.
II i iruea new duty isnow imposed upon them-that
OF being compliments and Prosecutors FOL violations
Of the statute
Hitherto that duty has been ordinarily imposed on
Other officers upon Overseers Of the Poor for in
stance, under which law IL that the Governors OF
tie Alms-House Department and the Distnci-AtorBey
Iroeecuted the ArtUnion as lottery and broke upi
and uIon Dis,rict-AOrneys in other respects, whose
general duty it il "to prosecute for all penalties aad
f" ioroiiuTes incurred in their respective counties and
for which other officer by law specially directed
." 10 prosecute" Aud ! cannot discover any we'll
grounded objection TO imposing TIM Duy OF prc.ccst
ing these complaints upon the officers named IN this
statute O. well Gs uIon syerseers Of the poor and
distTict-aiiOncys and il may vel be that the Legs
lature deemed 1t advsable 10 enlarge tie class OF pros