The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-06-08

Workers hold their yacht squadron as among
the beat of metropolitan institutions. aud they
would be glad TO have some OF their exploits
wherewiih to astonish the provincial ear. The
old story about beauty, symmetry, DC, &o., is
growing quite stale.
The TRIBUNE on THE CONsrrTUroNALTY OF
THE SUNDAY LIoU0K LAw.-Tbe Tribune, 10 re.
ply to an article in the HERALD on the uucon-
stitutionality of the Sunday Liquor law, says
we do not make the necessary distinction be.
tween the United States constitution, which
limits the powers of Congress to those subjects
of legislation enumerated in the INSTRUMENT,
and the powers of State Legislature, which
are unlimited, unless expressly controlled by
the State constitution or the constitution of
the United States.
Our argument did not require this distinc-
ton. The constitution of the United States
provides that the right of the people to be
secure in their persons, houses, papers and
effects, against unreasonable searches and
seizures, shall not be violated, and that no man
shall be deprived of his liberty or property
without due process of law. The Sunday law
and the domicillary visits Of the police are In
violation of these provisions Of "the supreme
law of the land"
Tho constitution of the State of New York in
more express terms covers the ground. II guaran-
tees that "the free exercise and enjoyment Of re-
ligious profession and worship, without discri-
mination or preference, shall forever be allowed
In this State to all mankind" Now the Jews
and the Seventh day Bsptists are certaialy
part Of mankind, and BY prohibiting them to
do on Sunday what they and all may lawfully
do on any other day, II making 10 disoriminar
ton" against them and giving preferences"
TO citizens Of other sects. They do not regard
Sunday - Of any moro religious Obligation
than Monday, and to interfere with their enjoy
ments on Sunday-their right TO purchase
glass of lager bier or wine-is oppressive. To
force them and others, under pains and penal
ties, to the observance Of Sunday is contrary to
the letter and spirit Of the State constitution
But the Tribune surpenders the religious
ground a. untenable, and says that "apaxt
from the religious character ascribed to Sun
day. there exist abundant reasons for prohibit
ing the Sunday eale Of liquor" among which
are, that 1t Is % general day Of leisure, and
the liquor shops present temptations on that
day stronger than on any other" This,
however, II only getting rid of the const-
tutienal objection on religious grounds by q
side wind; for Il Ia no matter what the motive
of the law may be. If in It's effects It infringes
upon any right guaranteed TO the meanest citi-
zen by the constitution It Is null and void; and
II there be any force in the reason aasigned for
the law, 1t ought 70 be applied 70 Saturday
also, for that ID the day Of leieure among Jews
and Seventh day Bsptists, and, indeed, 1t ought
to be applied to every day Of the week, for the
very worst class Of the community are idle
every day of the seven, and have abundant
leisure TO drink. If there be any soundues
in the argument IL must necessarily 60 the
length of the total prohibition Of the sale o.
liquor. But to discriminate In favor Of ono
day and against another, because Of the reli
eious character OF the day, Is as unconstitu
tonal a. 1t is absurd. lift is wrong to permit
the sale OF liquor on Sunday, 1t Is equal
ly wrong on Saturday or Monday-two day
on which more liquor 10 consumed than on Sun
day.
But Notwithstanding the disclaimer Of TIL
Tribune, the religious ground is the tru'
one, and that which Is invariably put forward
by the advocates Of the law. Drinking glas
Of ale or wine Is called dissertation Of the Sab
bath in the Sabbath Committee tracts, and Il
the discourses on the subject from The pulpit
The religious element ID dragged into all re
publican questions, and taken advantage Of TO
party purposes Hence the pulpit Is the rgh
bower of the anti slavery revolusionists, and !
il prostituted 70 incite the masses 10 anarch,
and civil war. II IL the ssme a. regards th
Sunday observance. II Was she religious 10
fuence which was brought TO bear 10 carry II
law, and 1t IL merely auxiliary 10 the abolition
Of slavery. Both measures spring from thsssn
source, and are puritanIsal intsr'srencss wit
human riehts-the one Win he religious hoe'
ty of the people, and ths other with IL socis
rights of the STATES.
II rslis,ous fAnst,clsm be net the agent use
TO carry the Sunday law, thea why are not facil
de- Afforded 10 Ne people 70 90 TO the countr
for the purposes Of recreation and Innocent Z,
tionsl enjoyment instead Of stopping the raj
way trains on Sunday, why are not the dire
tors compelled, as they are In London, 10 ru
frequent and cheap trains on that day, to TAX
the people To breathe the pure sir and to see tn
green fields, instead Of fostering Ia the fetid a
mospbere and vice Of crowded city, II the
| want TO stop drinking and to shus up the grol