New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-03

A. w. Smith, John hlnEl1T, JOSIAH Arf.clf
Peter Pa.ks John d. h!nsiey james Nesoi'r
VIM. Cumminss,
DAVID OKEEFE. also an AssemblymaD, then read
the f lowing resolutions
ResIred Tha; c. citizens of the State Of Newfork, not
BY sompy protest against ihs late Act Of tie Lesaure Of
It's state, called The Prohibtory Liquor Law" a. 'y'an
Moutesquieu say, Every Fun en which does not arise
Ii necessity public god called for further regulations
srsiu of The sale Of Intoxicating liquors beverage 70
on bic places or on public ocessons ofor further other pun
and exhibition OF the indscebce. Of irunken
ness OF IN the commisson cme further laws might have
passed for sueh pccho objects without the violation Of
principle Of natural usee or pnyste right
and liberty But this Prob1ory Liquor Law, which BY ALSO
luey prohibiting and maknS criminal the sale Of spirtuous
LIQUOR end wines any place oil times in any quantity
any person teyernge eey prohibits and prevents the
End the them Beverage ia the privacy
Of the ci dwelling with t' novel and most eNraord
n,ry provisions for preventing discovering aud Furnishing any
violation OF It's extraordinary nierdcts in opinion
wholly unealed for by pubic necessity and Is therefore y
rsnn'cal. H.. - -. A.. .
10 int rdicr and drinking spiruOus liquors and
wines as beverage all times and IN all psceseven At
spirtuol liquor beverage prevented or intended to be
prevented rd such to be the main object sad IMPOSE
impossible the lie had power ogi'lste over
tyrsnuea but as unconstitutional not bs
ing authorized By the powers Of legislation given TO the Legsa
uTe b. the Constitution OF this Sste the individual pfvste
tns Of the people Of this State which do and cannot d.
recty sect Others the GoYement but which only directly
affect their own Individual private conduct or econ
omy being the legitimate subject Of municipal regulations
laws but being beyOng their control.
that The only inits TO the Legislative Of
the people of this State the express restrictions % that
in the Constitution Of this State and Of the
United S,ses IL not that upon entering society
man surenders ell his individual natural rights aud liberty The
nton OF tts state dill surrender and did intend
the right TO manage their own ndi, private s
rs except far their duties snd obls4
others the nights Of others and the protection and
The con,tutio Of this state like the Of the
other States and Of the United States takes for granted the
sts1ce sud continued involaby Of the great principles Of
right una 50 they
be supposed have been modified by exiting Colonial customs
end inaiionsJ and Of the weleened universally aoknow
edged true objects and limit Of Civil Government and Of
Municipal Law distinguished from Revealed or Natural
Most Ct the express provsor these Constitutions for the
protection Of the natural rights OF the citizen are restraints upon
ieo gsaon and not serted and were not neces
sary be inserted protect him from violation ofhee great
sely with or without the clause in Constitution forbid
ding the taking Of private property without compessaon the
Legislature would have no right OF power u take the property
There Is norh1s IN the Constitution expressly ordins the
egazng ofceDy murder; surely no would contend
thst law doing 90 would be constitutional
There not be express clause Of se Constitution
MHs nc neal or bddips him from sns est or
tcitng how often he eat meats he color Of the coat he
shall wear the material Of the bed which he shall sleep; or
how often he ,hs have his hair cut shave Surely such
law would be only absurd but onsttuona Why Be
such law would not be within the legislative power
aion Constitution, ghuly extend beyond the
sr euisd from Revealed or aud
defined st the time Of the adoption Of The Con,tuoA u
Of conduct for citizen in his relation. the Gov
eminent ard Others: prescrbes his duties and obligations
10 The GCyeDueUt aud 70 others citizen but not his duties
Obligations to himself the letter belong 10 the natural or
IL mht lie difficult to prescribe any limit the power Of the
ure others # ~ the force Of example ony and even
dang TO esseIi that there y 20 Tar sny nm 70 ~ @ we
which undertakes by universal PROHIBITION 70 regulate the pr
tn @ Il n,eS h which l. not uiiei or pre- end
ed TO be justified e an fe OF pubic p2y oI me 2ae sooa
respnsy promote the public BY promoting the individual
Ivse morals and economy q the people oil III STATE anI
not authorized hy any legislative power gwen BY the Consu
tCn; ,...r ,t..o ,0c,,.. IN a.,.,,s Of
private rights against these attacks Of tenats IN ne form
ofeg,laio Justly to be sPPehended and Paleaa dfns
yoluton ofyesrs lut with the revolutions ofpa'tes
Strange that should early in our career a, nation be
proceeding the people themselves under color OF their own
written Constuiitn.
PerJ Tbe he necessity and con.,ituouaity of
Joining or allow ing the abatement OF mus the seizure and
destruction OF infected the destruction OF noSo
weeds Of dogs running large nieetrs in cities trades o,
ether laws Of he character and purPose are entirely
law" 10 he yTaunal and unconstitutional because the nu
be sbsed and the trade operation iardetd are
supposed be, Injurious or of-ne 70 othes
any voluntary concurrent acton Of such others out
seohS Of Itself NOV tste M chance tbe pSa OF
chemical nature Of thing; aud make that nuisance
~
uous liquor and cannot be injurious and off usye TO any
one he drinks t. II any injured by IT, IL is IN in
ici me % % % ng 40 10 use nj. fopsrty s not
lis neighbour" hut the pers nal light aud hOery 70
act snd your own not 20 nlue or offend your
neehbor is and sacred as the obligation not to e
II the indirect resulting injury society from the individual
members thereof voluntarily iIuIins ~ me G
prohibition beverage do rot zee why any supposed per
son iaury from the Of coffee, meat would
authorize the absolute prohibition VI the use OF tea o. cdee
Fesored That Itself acknowledged the justice and cor
The declared object Of the Ac is to prevent the use Of wines
aud spirtuou liquors beverage. Then why not cfeciy
prohibit the drinking u wines and pir nous iof' as ose
private rights But the ac un-erakes 70 90 en- goes 90
coyerly, and in roundabout way BY succession ot ne s
declaring vine which itsel. shows conecTaed b.
holy aorrmert nuisance hat which IL dae not do 9peny
private nights and adding 10 lis gsoss at aeN upon those su
Reora That we very high opinion Of abstract
morality. consisting OF woTcs merely -. &,
We acknowledge aud regret tho evils resuins from he IN
npcrate ardent spirits As phEnthropis's Is our duty
10 prevent ami alleviate those evils IN every legitimate and
r.oI msrnel and 70 every gilPs Zen pa 10 sS o
plyse gh under The cy q tbs woTdy abstract ner-y
fy b. de.tfcy &c Conscience the wodd Free Constl
nG Government han has been caused By VINE since tie aay
BcsoreS That opposed Ills Law SANDER upon
the Pcope Of this States bang direct legislative decsHtoa
that tie People Of ms state ar het eapauie o! 80
private Affair. and eonduei AID inconsistent Win tns
ella med espac " for free GoseTnmenr.
Strange Inst the people themse sroud declare that they
CIR be trusted with the nght 10 make laws and 70 eee
Judges % corsrtue ana execute those laws pot cAAHo1 0' ~
Resari A. the cz of the City Of Nevf ork we ressa
this unconstitutional but VIC son OF ne
chartered sh Of the City, and as wa1ion AID unea e. M
stack upon the business property o: large cas- oil ou
Of revenue Instead Of preventing paupsris and cnme e.
m title would indicate the intention Of this law TO be- we be-
PSyins me $50 prs mus s I0 b are moe workers is
n