Plymouth weekly banner. (Plymouth, Ind.) 1855-1856, 1855-11-15

the province of the judiciary to conduc
enquiry, and declare the fact, or deny it, as
the truth may turn out to be- Many things
by such proceedings, have already become
established nuisances at common law By
this mode, when party loses his trade OF
property, he does so because of his own
fault, and this according to the judgment
of his peers, and the provision of the gen
eral law of the land, and not by the tyran
ny of the Legislature whose enactment may
not be the law of the land. See numerous
cases collected on this point in the lst Chap
ter of Blackwell on Tax Titles.
In accordance with this doctrine we find
that the criminal code Of this State has
ever contained the general provision tina
any person who erected or maintained a
nuisance should be fined. &C., and tina .
the nuisance might be abated; 2 R, S. D.
428. 429, Secs and ga provision that
submits it to the country. TO wit jury
under the charge of the Court, TO decide
The fate Of the nuisance. This provision
the courts have been daily enforcing gaist
various noxious subjects; and if the brew
cries and casks Of liquor are nuisance.
; why have they not been prosecuted and
abated also? Wha: was the need Of this
special law upon the subject? We have
assumed thus far upon this branch Of the
case, that the constitution protects pri.
vate property and pursuits, and the use or
private property by way of beverage as
well as medicine. 1t may be necessary.
at this day. to demonstrate the fact.
The first section Of the first article de.
clares, that all men are endo wed by .heir
Creator with certain unalienabe rights;
that among these are life. liberty and the
pursuit of happiness. Under our con.
siitution. then. we all have some natural
rights that have not been surrender led, ,
) and which government cannot deprive us
of. unless we shall first forfeit them by
our crimes. and to secure to US the enjoy.
ment Of these rights is the great end and
aim of the constitution itself.
1t thus appears that rights existed an.
terror to the consiitution-tha; we did
not derive them from it, but established
it to secure to US the enjoyment OF the m
u and il here becomes important to ascer-
y tain with some degree of precision what
> these rights, natural rights, are.
: Chancellor Kent, following Blackstone
, says: vol. 2, p l. The absolute Cor ma
tura) rights Of individuals may be resol.
o we'd into the right of personal security,
c The right of personal liberty. and the
e right 10 acquire and enjoy property; not
someSproperty or pne kind OF property
e but. al least. whatsoever the society, or.
IL ganizin2 government. recognizes as prop.
e erty. How much does this right embrace
o how far does it exiendP II undoubtedly
n extends TO pursuing the trades of manu-
II featuring. buying and selling, aud to the
g practice Of using. These acts are but
n means of acquiring and enjoying. and
Il are absolutely incidental to them. What,
N we may ask. is The right Of property
e worth. slript of the right Of producing
IL and using il? The right Of property i:
z equally invaded by obstructing the free
q employment Of the means of production
/ as by violently depriving the proprietor
II of the proluc. Of his land says Polit
, Economy, 1873.
Il In Arrow Smith V. Burlinger, Nc
g Lean on p. 497. it is said a freema n
: may buy and sell ut his pleasure. Thi,
9 right fs II frefA society but from nature
; He never gave i: up. IT would be anus
!, ing to see man hunting through our law
books for authority to make bargain.
5 To tho same effect Lord Coke. 2 Inst. p.
/ AZ. Ruiherford's Institutes, p. 90. This
n great natural right of using our liberty
c in pursuing trade aud business for the &C.
e QUESTION of property, and of pursuing
: our happiness in using it. though not &c.
u cure in Europe from the invasions Of ON
e pipotent parliamen,s, or executives, is
Ii secured 10 us by our constitution. For,
e in addition to the frst section which we
# have quoted. and aside from the fact tina
the very purpose Of establishing the con-
y stitution was such security. by Section l |
II Art. /, il is declared that we shall be
\ secure in our persons. houses, papers and
+ effects from unreasonable search and seiz
n ure.' BY section III We have the right
IS to devote our labor 10 our own advantage
l. and TO keep our property or its value for
" own use, SD they cannot be taken from us
: without being paid for. And by Section
/ | 2 it is declared that every man. for in.
e jury done to him in his person. property
u or reputation. shall have remedy by due
;; course OF law These sections fairly
L construed. will protec, the citizen in the
II use OF his industriai faculties, and in the
J. enjoyment Of his acquisitions. This doc
e trine is not new in this court. In Doe
l. ". Douglas. 8 Black, 10. in speaking of
II the limitations IN our constitution upon
: the legislative power. it is said. they
e restrain the legislature from passing a
y law importing the obligation Of con
it tract. from the performance OF a judicial
/ act, and from any fragrant violation OF
: the right of pirate property. This lat.
ter restriction VIZ think. clearly contain.
/ ed in the lst ant Gath sections of the Is,
II article Of our constitution OF 1916.
}, We lay down this proposition, then.
IS as applicable to the present case: tina,
j. the right of liberty and pursuing happi-
! ness secured BY the constitution. embra-
e ces the right of each eompos mentis indi-
q vidual. of selecting what he will eat and
n drink, in short. his beverages. SO far as he
/ may be capable of producing them. or
6 they may be within his reach, and that
s the legislature cannot take awav nv Al; :.