The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-09

within ttIs great protectsg priuolpls and I. v
ucensst -, the substantial priacip,s prssestiag h
hb~sg ZACH eng che uss Of trades ~ says bsssrs hsld
b sipl inS preSeriy fvcosnzea by shs c,mmoa Ia O.
made b. The ousttutioa oar sAts axsnst
It,s by NO Deass true that rhs Iexislatsre may act
modifJ IN cir instance and in form. any coumsn Ia
overseeing relating 20 fe liberty and prosperity; bat
they csnrot impair s osssoe or essential part.
They may sppy old principle 20 caees They az
upoer enspgs OF eucu1sta noes by ~hich acts oaoe
bsrDsss have sscssne hIrtfu male them crimes. Bat
trey csonnt by change OF ep nou IN themselves
violate IN sld up<sty, m.Ae an set always bsfers
deemed innocent end coDiessediy unchanged . crime,
and visit IL with teffesnre or infaMy In analogy TO
the pSevisoD IN the constitution Of tbs United states
TO contrsat rtstes may notify remedies, bat may not
impair tas sub tsntsis OF sn Obligation; under toe
iimisstoss We Considering. the Legislature may
change matters II orm ana erpy old principles to
cases they esDnot .ub.'snsiy destroy impair old
principles which concern LIE, liberty or property.
fhs Lsgi.ht1re IN paesry any Law arc supposed TO
consider tho Oas ttuponsi restriction on their own
power Bot their action !. not conolasvs nts were
the restIction v.uo be nugaary ana could avail
TIE ms ter IL until disposed OF BY the ultunste
constito lionel aro,er the Judiciary; and A. laws are
presumed rest not on tn. personal and private notion
OF individuals bu, upon the public facts the public
cond lion ard charges IN society these evidsntly
much Within judicta, bAo~ledgs and cognNxncs with.
In legislative O, Huch knG slejse tbs ju lie AIRY Ways
scts IN extoundinY ner lag, they look at the opea
puclic mischief tor snicb the proposed law Ia devised
L. then, The keeping ~ liquor for sails nuisance By
the ccnDop law, has 1t been sincs the date Of
Sasna .hsrM i curousiy appears that toe twenty
Nth chapter Of that act Lrovices, zone maa-
sure OF wine shall be through our realm. and
SURE OF ale snd OF cora" sc IL il OF I'M
denisbe orety that the sale malt and distilled H.
quors has for BEEN part OF the trade the world
lawful and every way recognized Il has undergone
change IN ,ts effects consequences. Every reason
for calling 1t nuisance which exists ted uun
dr~ds OF years ago IL be dsciarej . nuisance
20 may ytoing Jar the acc.patoa 4ctice
OF society cred 70 Iegsze it, and these
the bs ses % our commou rights.
TO create IL no. nuisance nisdemeAnor, Ia not
spplyn ne cid principle TO case, nor making
cbspee In any OF mere form and circumstance.
II Is viois tSg tee mo es OF intusry of numbers
who have hao the esncton OF time ussge Law and the
universal consept OF tho world 900 f3t1 34i
For the nbuses arising from the sale Of liquor when
they occar the law has always provided remedies pre-
yens;ye and consequential They warranted ey the
principles Of the law But to crea the trade
itself o nuisance, without spy Of the circumstances
which The lsw has before treated abuse, ia
mere derpoto gi,atiop, and unwarIanted BY tas con
sttu,ion OF this state eG.uW ~ .ts q
IL also s.em 10 me- upon similar principles, that thu
monopoly N eject Of the sale OF liquor Ia Objectionable
1he provhion Lrrventcg man charged With OF.
fence Rom claiming his property without oath to
bis guilt or in ocence, compelling nim 10 him
protected by the above provssps of the constitution
The provisions Of the laws bear analogy to
cases OF This KIND In regulating tbs aim ssion of psr
sons or goods rom abroad before they become part OF
the population business Of the country the
power 10 unlimited any may subject them to any con-
diops, however arbitrary. Revenue laws have always
been nost arbitrary. u#
In my opinion The law, 10 ta main features Is invalid
Invasion OF the coDstotion II is therefore need
lesA 70 critc:se Its special defects. DANIEL LORD
NEW YohK, May ~, 1855.