Demoine courier., 1855-03-22

to prohibit. 1 appreheni, no wever, the
Editor has admitted a little too much here
for his purpose. The truth is he is i fore.
ed 10 he-admission by-,he past exercise.
unobjec.ed TO from any source, of the
right to regulate. The constitution no.
where gives the right in express words,
or reasonable implication, TO either regu-
late or prohi6it. but,he right is n which
is inherent in our State organization as
an elemen. Of sell. preservation.
A second objection The Sentinel makes
TO the law is that i. takes private proper.
~ without making compensation there
for. He says.
ga. has ten barrels Of whisky, or
brandy, as The case may be. b. With
W confederates, G. and ID go forward
and swear they "BELHvE" A. keeps liq.
our TO sell, nc matter whether he does or
not.-a search warrant is issued, the
liquor is found, and, according to the
provisions Of the law, is taken as .'pre-
suptive evidence" and unless A. can
come forward and show cause. or prove,
that he did not sell il, the liquor is to be
adiudged forfeited. and destroyed, and A.
receives NO COMPENSATION.
This quotation from the Sentinel does
no. fairly represent the provisions Of the
law, and is also based upon the assump.
ton that A. may have . property in liq-
uors no matter how illegally he may hold.
possess or keep them. The EdIol Of
tho Sentinel is too good a lawyer and a
man Of too much sound sense and general
information not 10 know that there is
such a thing as contraband goods. in
which no one can have any property.
and which may be taken and destroyed
without incurring on The part of the des
iroyer any liability to make compensa-
ton. He knows that if one of our mer.
chant 'essels freighled with supplies for
the Russian Army, should b. taken by
the Allied Powers in the act Of landing
the same for the use of Russia, that they
may with impunity destroy not only
cargo entire bur the vessel itself. If he.
don't know il and will turn 10 Kent's
comm enlaries Vol |. page l42 he will
there learn the fact.
Letme here repeat wha. | said in your
paper Of the LIST inst, on this then antici.
pated objection TO the law.
81 maintain lha, under the law in cues.
ton no person in the State can have a
property IN Intoxicating liquors. il kept
with ii view of being sold, and hence in
The possession Of all persons except The
agents 10 be appointed, they are contra
band goods and may, the proper facts
being found, be declared forfeited and
destroyed. Ii is just as absurd 10 say
that ardent spirits in the possession of a
person with a vie of their being sold in
violation of law, are private properly,
and cannot be taken aud destroyed with
out just compensation heing first made
therefor. as II would be to say that a pro
mlssory note or any other kind of con.
Tract, based in fraud and hence void from
The beginning, should not be declared by
the courts to be worthless and ordered to
be cancelled until just compensation be
made therefor: There can be no pro.
priety..in the one MOI he other, and both
may alike be destroyed wilhou, frs,
making any compensation therefor. Ii
the party in possession can haveno prop
erty in The thing there is then no claim
for compensation nothing to compen-
safe for.
A tannery or slaughter house. If on.
structed where they are not n%uisances,,
cannot be taken ard destroyed without
making just compensation, but if con-
strucled in the heart of a city or Town to
the annoyance Of The cilizens-where
their health ard lives are greatly endan.
gered-,hey may be wholly destroyed
without making any compensation what
ever. Such is The law Of the land. So
if a person have intoxicating liquors in
his possession for his own use. while
kept for that lawful purpose, they are
private properly. and canno, be taken
without making just compensate on, bu,
when kept contrary tolaw and for an
illegal purpose. il is fully .compe,en. for
the legislature to provide for their des
sruc,ion without making any compensa-
ton therefor"
asserted above that the extract taken
from the Sentinel, Goes no. fairly repre-.
sent the provisions of the law. Section
0 provides for the complaint referred 10
by b. and his two "con(ederatfs" FAC.
comLlices-associa.es in cri.ns) C.. and ID.
Section 10 prescribes the manner Of pro.
ceeding, to trial. In this section (I0) il,
is said III any person shall then and
there appear e. at the time and place