The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-26

safes Oh ABOUT o,0UO DaIeS the market CLOSING uTn
Among the transactions was line OF 800 bales OF
ST. Mark fair middlings at lOic. The accounts by
telegraph from the South also represented prices
firm, with pretty active markets. Flour was I'M
changed and firm with moderate sales OF state,
Western and Canadian white. Southern was in good
demand. Canadian prime white wheat sold at 81
929. Corn was toleraby active, without change OF
Importance Prices ranged from 64c. csc, Csc. q
roc for all kinds. Among the sales was a prime
cargo Of Johnson's fancy white North Carolina, at
roc Pork was dull, with sales of mess at SO Is
SIS 81 4 and prime at sl5 Sugars were quiet and
prices unchanged. Coffee sold pretty freely, includ
ing cargo of 1900 bags Rio at IL &c. &C.: and
cargo of Java was sold at auction, particulars Of
which are given in another column. Fregh.s to L.!
verpool were rather better for grain, with engage
ments OF some 90 900 bushels at &c. at &c. in bags,
chiefly at the latter figure.
The Uneonstiturionniity OF the Prohibitory
I.iqnor Law-rinej Decision ny the Court
OF Appeals.
The final decision by the highest judicial
tribunal of the State declaring the Prohibi
tory Liquor law unconstitutional, has some
thing mere in it than the mere sc Element Of an
law itself was an embodiment Of the opinions
and resolutions Of large class Of the people
Of this State; class who deemed themselves
the peculiar guardians Of public morals, and
as the apt instructors Of majority Of their
fellow citizens. With such men, experience
Tas Of no account-ths rights Of property aud
Of persons we're nothing customs, habits and
even great commercial interests, we're thrust
violently aside to give operation to legisla-
tive eypedients and moral disiniectants-so
ciety was to legislate us into good character
ard conduct. The representatives OF the PEG
pie became their instructors, and assumed to
enforce moral reforms by criminal denuncia-
tions and Infamous punishment.
In country where the people constitute the
primary source Of power. and where govern
ment is instituted to preserve social order
where special and limited authority is given to
the Legislature-that body forgetting its duties
and transcendipg its constitutional limits. has
undertaken. not only to be an instructor and
teacher, but also to exercise the most oppressive
and arbitrary Jurisdiction over property, even
to the extent Of directing its confscation.
When the moral condition Of the country is
made to depend upon legislation-wnen re-
forms can only be effected through the opera
ton Of penal statutes-when the police ~
comes our only protection-it will be t4A
day tor the State.
The obj ect Of laws is not to make money,
but to effect distribution between capital and
labor, in matters of intercourse between man
and man. In addition to this feature of legis-
ton ali governments have their penal statutes
for the punishment of crime. Lately the ex-
cessive wisdom Of few fanatics has devised
an intermediate office of legislation undertake
ing to guard, protect and improve the morals
Of men.
1t is worthy of note that in the State and in
the nation, there has been q growing legisla-
tive Generalization, and these are the sour l
whence has emanated the Prohibitory Liquar
laws-laws based ayowedly upon the purpo !.
Of enforcing moral reforms.
Now what are the fruits which have been
reaped in this insane crusade against the rights
of individuals and Of property?
Look at the effect of the law upon the PEG.
pie and upon the institutions of the Safe.
Sec all the inferior judiciary dragged into the
arena of politics, and their decisions made t }
conform to the friends and the opponents Of
the statute in question. See that statute en-
forced in one city and totally rejected in 40
ther. See property seized aud business
destroyed in one town, while trade ia
the same article is freely conducted in another
See Judges appointed to Office under the de-
grading and utterly disquallfying pledges OF
support or opposition to public statute. See
the pulpit, filed with extemporising laudations
of partisan schemes, and violent crusades
urged from the very sanctuaries against men
and business Are these legitimate fruits oil
good government or evidence of the propriety
OF such measures Do these things signify mo
rality? DO tnsy inculcate respec for law and
for social orderg Do they evince wisdom and
moderation in our legislation? Is this the way
| to secure respect for the constitution and its
| guarantees?
The Court CT Appeals has now pronounced
the Prohibitory Liquor law unconstitutional.
The lesson, we repeat, ought not to be lost
But what hope have we that the legislative
outrage involved in the passage Of that law
will not be repeated 10 some other shape? The
country Is filed with great class Of insane OF
idolatrous Niger WoRsHIPPERs. II was they,
| in the main, that exacted and enacted the
Liquor law. They have been defeated by the
conservative power Of the Judiciary. The
constitution stands in their way; and now the
campaign will be urged against that compact
Never before, in the history of this country
has there existed 80 great q necessity for the
exercise of wise conservative councils The
decision Of the Court Of Appeals is but the be-
ginning Of the end.