The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-16

By way Of ustration take tho cemetery CASE In esn
burysg grounds n the city Of New York for long
period in process Of tim. II. population became 20
preudicia to health much - TO amount TO null
sanoe The corporation Of New York. BY ordinance, I'M
n Of e: s
same In effect II had been done by act Of the L.
giaatuIe The judiciary would sse cause fer such lss
liability would b. deemed by them anal and conclusive
Neither the IAsslaturs judiciary in such cases
Of law but upon that general information scqured IN
relation to such subjects BY eosrs actos in public
But suppose the Lesislaturs under prstsnce Of null
sance or some other ground should intermenta
within ffy miles Of city, would the judiciary sustain
interference with private rights, and declare II uncon-
stitutopAl In the Hrst two cases alluded to the ord
were incc sntaiy impaired they must give way the
public security But in the otns. supposed case there
would Be no such 70 Gs 70 ass
protection of property under the Fundamental law.
Knight illustrate the subject BY referring to class OF
pery cannot be taken for public uses without making
compensation to the owner. The Legislature takes
tive capacity just but the judiciary have
repeatedly he'd such compensation In cases TO
be inadequate, and declared the act void They 90
leeislatve action when necessary to protect private
rights under the constitution.
Another topic of Kindred nature may b here ad-
verted to. A law compelling judgment creditor to
submit to apprasemsnt Of the property Of the debtor
and not to ale execution unless 1t SHOULD bring two
United States Supreme Court to b void, as imparng
the rghs of creditors Now hardly be pretended
execution in tho properly Of bis debtor than an nd
vidual has In his own vested property.
1t has also been decided that judgment creditor can
not be delayed for limited time from selling
ton The State legislature in these stop laws might,
by averment have prohibited their ensctmsnts under
cases had been bound BY their avermsnts.
GuDpovd.r Z nuisance IN certain local. ~.
Legislature under broad avermens OF its universal
noxious qualities, should enact that 1t was nuisance
the judiciary when applied to for RELIEF quietly submit
to it snd give no redress9
Ihs sale Of liquor in small quantities, in unsuitable
places by unit PERSONS may be injurious AL this
be guarded against by appropriate statutory regu
ation Drunkenness may be punished as vice, and IN
addicted intoxcAton, and becoming unit to manage
their may hsve their property taken out OF their
open to the rsformer within the legitimate scope of the
To abolish the eutre use Of all kinds of liquors except
hard cider raised the districts because less
than half Of per cent Of the entire population
addicted to the of liquors. Ia going too
far in . constitutional government 1t 10 legsating
against the many In the place have to enquire
what the vested rights which woaid be unconstu
They are property Ia liquor, acquired and owned by
individuals at the time the act goes into operaton and
i s1s
period In this there win be vested right lawfully
qu,ed, independently OF State legislation, and para
II lawful under the authority Of the United States
to noduce it, and to acquire veeted right 10 It when
tected under the constitution the extent any
But concur with Mr. Gerard in thinking tina. this act
does not embrace within it's opera ton foreign imported
They are expressly excluded by the exception ia the
Grek ha aoiA hat thu ToOia nfura
old not to except the liquor, but only liquor 10
certain state condition, lin the original casks
ton ia in the law. penal statute cannot be
tended narrowed down in its exceptions contrary to
The twenty second section does SO limit this
caption. 1t Is precautionary, not restrictive.
s,e extremely obectoosble. They vioiste 10 most i'm
lorsant PARTICULARS the sixth section Of our State
Among other things, they make man, in efscs give
evidence against himself
They presume him guilty instead Of innocent. and
They make pdre a6davits of facts, and Of
rssss evidences against him upon the merits to estab.
All there provisions are inconsistent with the inunc
ton that person shall be deprived OF e liberty
| prcissty, without cue process Of law.
II viii be 1ecCileced that these provisions In the
| stitution taken from Magma Charta.
II has been attempted to palate these innovations
similar s' regulations s ars resored to IL wnst are
called proceedings REM in the federal courts.
These proceedings IN rem are taken originally from thS
civil Lac and were Introduced into admiralty and
chequer at an early period Now no one will OBJ
ect 10 them far they thus carrisd they
confined to thcte subects within those limits Magma
ChaIta, from time 10 tims, during long period,
pentedly confirm ed During hat time there
slant effort by the ecclesascs learned in the civil Ia
TO introduce it, with all its arbitrary regulations into
tie man body of the municipal Inv, which effort
cops,anfIy resisted Hence this provision OF Magma
Cbsr.a, which. events show, wisely introduced
into the state constitution. The reormers of modern
times require the curb which put by the old
mon law lawyers upon the ecclesiastical nnovators
OF that early period
These views and considerations should no. be lost
sight of in constituting this clause in State ccnstitu
ton OH erwise the whole Of criminal CODE under
the ssme jrhutpc which brought forth this act might
be masi cd with the dark features OF despotsm
Hsbifual drunk Ia un1uestionaby grea. vice.
and many other moral evils follow in It's train The
destruction Of all liquor would to be sure, prevent it,
So the obstruction Of all property would prevent legal
theft spo robbery.
The great object Of the legislator ought to 10 to
awaken strong feeling OF degraea tion ia regard to IT,
This ban not yet, been accomplished It ought to
be cone ard it NAY be done without encroachiug on
ccDstuiops right, the great principles OF liberty
embodied in the administration Of our criminal IL rs
New York, Monday, June rs, 1855.
CURIOUS PHENOMENON SUDDEN RISE OF WATER
--fhe Buffalo Democracy chronicles the occurrence
Of phenomenon similar to that which occurred In
ms nd ia Lab fe IT, o;, M