The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-24

IIIEGALITY OF THE SEIZURE OF ARMS DEs-
TINED FOR THE SoUm.-We published yesterday
intelligence to the effect that the police authori-
ties Of this city seized nine hundred and fifty
muskets as they were being shipped on board
the steamship Monticello, for Savannah, Ga, en-
route to Montgomery, Ala. The seizure was
made by order of the sagacious Superintend-
cnt Of Police, on the ground that tho articles
were "contraband."
Now, this is a clearly illegal proceeding. in
violation of the constitution Of the United
States, and without the sanction of any law Of
the State. 1t is an unwarrantable and unauthor-
lied outrage upon the rights Of property, and
five Southern States into secession, and will
soon drive five more, If not the whole fifteen.
Judge Smalley's exposition of the law Is sound
enough, but it does not apply TO the case
OF Alabama. We, here at the North
maintain that her secession is a null
lily, and that her citizens are still
in the Union, protected by it, constitution
and its laws. II that be the case, then they
have the same rights as the cltizc2s Of other
States, and it would be just as legal and con-
stitutional TO seize boxes of arms going to
Pennsylvania or Massachusetts,. To possess
arms is an indefeasible right, guaranteed by
the constitution to every citizen OF the United
States, and muskets, therefore, intended for
citizens Of Alabama cannot be "contrabandr
Again, free interstate commerce, without
restriction, is another provision Of the consti-
tuition violated by our DELICIOUS police, who
know how to strain at a gnat and swallow
camel. They might as lawfully have seized so
many boxes of dry goods going to Connecticut
or Rhode Island. II we mean TO be consistent
we cannot insist that the people of Alabama
are still in the Union and under the protection
Of its laws, and at the same time deny them
the same rights and privileges as are possessed
by the citizens of other States.
But If We held that Alabama Is ont Of the
Union, there would still be no legal ground for
the detention of her merchandise by the police
any more than there would be for OBTAINING
goods shipped from England or France. Ala
bama has not declared war against the United
States, nor have the United States declared war
against her, and treated her as foreign enc
my. Until this contingency occurs all attempts
to interfere with the interstate commerce of
Alabama are unconstitutional and outrageous.
In any case IL is not the business Of The police,
whose duties are limited by the Metropolitan
act, but Of the federal authorities, whose juris-
diction has been usurped by mere municipal
officers.
" there ws- any legal foundation for the
proceedings 81 the police they would he equal
ly justified In selling the provisions and other
freight Of steamers bound for Savannah and
Mobile; for TO "givc aid and comfort TO an
enemy" Is treason, az well a. to ell him gun
powder and arms.
Equally in violation OF the constitution Of
The United States, and therefore null and void,
Is he measure recently introduced into our
Legislature al Albany TO make II \ felony to
acll or transmit arms ard munitions ~ gar r.