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

cscr ssrsws LOGO. Law ID u IN. 4
persncs, paupasism and cfms," the arst inquiry pre-
rented Il TO this p.iop made the 6rst
10y this section iutox,c ting kq n ia nag by
tea t~eafy secoed, alcohol distled add matt qusrs,
end al Liquors that ,nosioate and al drusged and
NAKED liquors OF the asoys dsscr etor) foe,dden TO
stored or deposited except IN selling house or pacs
Of -oesh'p Tor saersnes.s purposes, cr place whsre
some chemical med'cnsl or mechanical art requiring
the use Of such liquor 10 canned on ~ regular oasi-
In the sctua sportstioa from plsee to
another, or bS physician. a. medicine
This section excuoes thsre'or~ al keeping OF liquor
for ssy but Ihs purpose and does not ALLOW Of
its bsng sod or kkpt ~ commoa or free branch OF
trsde 10 this suhoined clause g that this' sec
ton shsl not apply 10 liquor the rght 70 seu winch
In TINS State IL gwen" By any law or treaty o. the
IL decided that liquors imported, and on which
Cutie. are payable, mN DO cola y the moor era
coUsstotiop ana u Of the but 40 far az
thst constitution AND thoss Ia 80 Dear tins subject
the sale Of liquors not thus imported not
original packages IL the subject Of State sl ,ton
Is Toward X b.6; the Licesss Gases
was competsst tbersfore far a. the constit alton
and laws OF the United States take, into vss for
this stste 70 prohibt toe trait, liquors not wt7n
ABOVE privilege, ii the state chose TO Dc Thequss
simply Of OF this state ststuts That con
struotson must te made, from popusr suppos
ton but upon settiea pIincis.s applicable 70 all lagos
Iaive acts. Primarily the express and gram nasica
meaning OF the ls~ Is to be loosed at ant certainty 1t is
NE liquor which is thus excspet neither the mote OF
keeping, as 10 quantity the perron keeping IL,
the place Of keepiog i are alluded to; bu tho liquor IT.
sell 20 ported Ii excepted Tie law hignly pena
and dsvstes eresty from ths ordinary rules ana prin
cples Of the cOnmoa Law. Such laws to be- TAINTED
IN Their consn uctcp snd NOT & be enlarged by Infer
ence 1his exception however the other hand, must
be looked n with The other parts Of rhs
law, section OF witch she broad design Of gene
raj prohibition BY creating the trade itself paoiS nu
ssncs and il presents very dlfcut question OF legal
in terpzeAton. which opinion cannot be surely
relied oD until saDctened by jucicsl dscsoa, such
But there Is much broader question involved In this
law by which The validity Of the ~hols may be deter
ma n Df ntinu inch
less important
BY the first section, the ordinary business ofa dealer
In malt and distilled liquors. hitherto from She
lest perioas lawfully pursued, ~ forbidden.
BY tbs iourth section the trade Ia made sdsmeanor
in the person conducting tie punished b, a forfeiture
Of all the liquor iept, end By ans BY the SIX tn section
the probable suspicion Of the nisdemtanor q
search Of the place arrest of suspected party
b the seventh section NO osner can make claim TO
the seiEed property without oath he has
lated the law By the tenth section the liquor seized
NOT acquitted Il to BE- destroyed.
By the fourteenth Aect,on the person found to have
violated the act is disqualified from being juror any
QUESTION 10 re under it. BY the sevept enth ssc
on any sale Is presumed evidence Of unlawful sale
the accused cannot deen h mself without preiiu
Y oath Of innocencs and last ami principally, By sec
ton twenty nth sail liquor Kept in violation Of any
vision Of the Law is ceclsrtd public nuisance."
ras series Of provisions is undenaby vsry ex.raordi
the offence created the trial and esct
Of the proceedings and applied generally TO Other Of
fences, would leave scarcely shadow of tho
law protection to an accused.
Py declaring the liquor ,ept contrary to This law
pubhc nusapco obstruction is made lawful to
one respnnsibe irresponsible, who will assume the
burden Of justfying his viole By precu Sing claim
ant from claim viehous his oath VI Innocence he Is
made to accuse himself BY his silence foreswesr him
self or forfeit b property.
BY the terms Of the law, guilt is presumed in every
sale instead ippocAnee; and the Jury is itself packed
by new and solitary disqualification II thes, pro-
visions and consequences are proper IN the
kind OF misdemeanor, must look for their
generally and the ordinary safeguards Of all accused
persons will BIZ swept away. 1t becomes therefore,
question wide In ite bearing, whether the legislative
a W at W. sru "a tn.
cay applied TO malt liquors may be applied to
to tobacco, which msy also be declared pusic nut
ssnce The eaie or keeTiDg fer ssle Of costly apparel
may be rex. mace to enter iato the class, Ths
existence Of property in large n,.sses may follow
cupstion of brokers, lawyers physicians, msy b.
sec,srian meeting (permittsd free exercise OF re
in place open to the puoc; and il there b. such a
power in the Legislature, that body sstsntisny
limited IN its power on the cit zen.
The question then IL fairly presented whether the
Legislature Of this State have the power to coavsrt
trade, sutjsct INTO public nuisance with all its
ton That !. is,o ia other words: If BY tbs eo@aon
Law Of the country existing at tbs date Of the
Or an article va. not nu.asos, aud there
has been NO change in relation to the trade
petent for the Legislature by its mere declaration to
make NUISANCE. If the trade of cooper
that bsss nO ss
viii BE- ne liquors. 10 makers OF arms there will be no
nufsnce 81 mers, dsealne them 20 70 BE- b. hs FORM
OF institutions the Legislature represents plurstes
not msjoIisies nor By any necessity majority Of the
OF minority Of the people, by Of the fact that
small but numerous purAlties tbs side overpowsr
this md for other more wsg6y reasons the legislative
power in this State Is controlled ny fixed and
Parliament 1t is excspt when limited, the great
servo Of power and Is the body alone capable IN this
o % :. It, corner
stone declares ths rights Of the people" II
these common rights from legislative interference
much any provision In the instrument any
other rahts. By the frat section no member Of this
State shsu be dsranshised deprived Of any Of the
right or privileges secured to any citizen thereof
less by the law Of the land or the judgment Of his
peers"
By the sixth section NO person shan be compelled
process law" Tbis last eIsu.e was drst introduced
These limitations Of the legislative power much
Is Of every other organized power n the sta,e They
the projections equally Of socal political and per-
soDal hterty and Of private property They to DO
largely sad nbsr.iy expoundsa they ara derive from
Magma Csarta and in modera but broader language
repstitiops OF its most important provisions.
What then is the liberty meant in the constitution
Is It mere absence o. imprisonment or does 1t reach to
protection In the employ OF feeemsn9 Does
in any degree reach liberty Of actioa freedom OF Ia
long ;ssosniasd modes Of industry ana liberty j: the
term OF the common law ~ such IL appears III Magma
are 70 look for light to the import OF these pro
visions adapted from it. In xaninins this great statute
with the commentary OF Lord Coke IL, ths protsc
top TO the free exercise Of trade Is evident any Of
ne ncpes In commenting on this section rsstng TO
life, liberty and property, (Cb- 90 last AL speak.
ing Of CELEBRITIES" Lord Coke says 1t sgpfetb the
setdem tbss the subjects Of England have. F,r cram
pe the eompspy OF merchant tsilors OF England having
power BY their charter 10 make ordir make
sinauce that every brother OF tbs society should
put the half Of his cloths to bs dressed BY
cloth Of the company pain Of forfeitng
tsp sh,pgs, IL adjue eed that this ordinances
against Law, because IL vas against thu liberty OF the
ect for every subject bath freedom to his cloths
TO be dressed by whom be ctl-f SIC de sinilibus I"
so, likewise, II grant be maze "to any man OF the
sole making Of cards. the sole dealing with any 9th
trade thst grsst 10 sasnst the liberty and frset Of
the subject that before do or might Lawfully have used
Generally all against this great charter
becnuse they against the liberty and freedom OF the
subject and the Law OF the land"