The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-07-28

quRs; that cannot be assumed q vhossome poit sal
mat penal aws are necessary for the protect
OF sociey against the dency OF he
selves that LOTT wholly 70 the laws Of nature for "a
regulation In this behalf, viii proper times fro
and cessation fron oi AZ we'll might the Legislature
days and hours for work enforce their
py IN unloading rule which shall be visited alike upon
ne weak and strong. Whenever such attempts
made the law making power leaves IL Legitimate sphere
ana makes an ncurson into the realms Of physiology,
clients, which precrbe the and texture OF peoples
clotns OF sim.r laws which might prescribe and Limit
our ~h so0d ana drink must b. regarded :. Investor
srry says . he doono 81 Ss
vor Ne rights reserved 70 the citizen against % u.ur
patton Of power In any question whatsoever and although
in doubtful case We would yield 70 the authority Of
constrained 70 declare that in our opinion the
act in question il in conflict with the first section aud
inrnges upon the liberty Of the citizen by restraining
his right TO acquire property In conclusion, the Law
section Of the same article because it it is intended as
and IL In effect discrimination In favor OF religious
profession, and gives preference over ail others
Judge Burnett coucured with tho Chief Justice, but
takes different view points from him. Judge
Burnett proceeds 70 lay down some general principles and
Relation to the section Of the constitution On tho se cxer
else Of religious profession and worship he says the a
Of the Lsgslaure under violates this section
OF tho constitution, because establishes compulsory
religious Observance, and not because IL makes q
discrimination between different systems Of religion. II
il be true that the constitution intended TO secure entire
religious freedom to s Without regard 70 the sct
they believers unbelievers then follows that
the Legislature could mot create and enforce any merely
religious Observance Whatever was the purpose Of
the constitution to establish permanent principle appl
cable at all times. under all circumstances, and TO I'll per-
pr % the -
to be protected The principle the Same, whether the
many the few concerned The constitution did not
mean to inquire how many or how few would profess
profess this that particular religion In considering
the question whether the be sustained upon the
ground that it is municipal regulation the only
question Is whether that body mad the power to COM
msDd the particular act to be done omitted Judge
Burnett reasons that In nclu ling the present.
not more clearly protected by the constitution than the
right 10 acquire. The right to acquire ncude the
itself would be mpotent without the power its
oeesary incidents. Tne legislature therefore, cannot
prohibit the proper OF the of acquiring proper
y except the and safety Of the State require it, In
TINS State every ia free agent competent and able
20 protect himself and no one is bound by law to labor
for ary particular person Free agents must lef FREQ
as 10 nemaolves Had the act unoer consideration been
confined TO infants bound By Las to obey others
then the question presented would have boon very dfe
rent But we cannot trust free agents ~ regu ate their
labor, is ti1e ana quality, il is difficult
them to make their own contracts II the Legislature
could the days CT rest for them then would
seem that the power could prescribe the hours 70
work rest aud eat.
Juoge Field, remaining Justice disseu,s from his
bethre1, but he has not written given the grounds OF
bis dissent
The chip wrecked Japanese, who brought to this
city By The Britain ship Caribbean, have eped the offer
Of loe capita o. that vessel to bs takea back their
country The Caribbean sails from here to-day, VIC
tMia With passengers for Frazer river. rue snip,
af er tie voyage, ttsrts Tor China and japan.
The outrsges OF hs Eog.sh cruisers Gulf Of Mex
CO upon American vessels has called ou united cry
Indignation. Tue tors of the California press beg ,ron
Rnc would indicate strong desire ~ part ID
swoyes with Eogsnd. war with that country to
bs popular with the people here and fear ene&n
cd ability 10 defend California Anst the strong
est force aith which II could be mepacei We occIpy
tee gold mines 10 British nerics by twenty thousand
men, snc hold material guarantee tae good
conduct OF the mother country.
rec Fourth OF July scarcely observed In this city
The golc excitement swallows everything else 10
interior preparations made Tor proper Observance
OF the cay, ADD spirited celebrations will take place.