New-York tribune., 1874-03-13
n. non. dt.eu..,a. rAe p,aee.d .aln sDd eresllent


taste Of the author have given interest TO hs pages
even tho general reader apart from their vauo lor
professional uses. In the chapter on the CONSUL"
tional Protection to Personal Liberty several topics
are treated which be considered especially oppor
tune at this moment when the liberty oI iaisc
class OF sitizons has been placed 10 JEOPARDY W
the action of We Federal Government the spe-
cial provisions OF which are IN connie. WIN
the general scope of the Constitution. Among 'hoo "
tie right Of sezing private papers, ON whch tho Sa
some light OF Jurisprudence" has always IooAeu WI"
peculiar Jealousy ono OF the immediate causes oi the
American Revolution the odous wrts OF assistance
which empowered the revenue officers at their diserc
tiOn TO search suspected places for smugged goods
thus putting the liberty OF every man into the hanus "
the petty and unprincipled government spy his wa"
denounced by James Otis, the fiery MASSACHUSETTS,
orator, as "the worst instrument OF arbitrary power
the destructive of English liberty ana the uu"
mental principles of law that was found IN an IN
gsh law book" The legal power argues Judge 0ooie3'
10 examine books and papers with view 10 uIsOo'
the evidences OF crime is one which can properly o
given only in extreme cases. 1t IS OFTEN oetter th''
crime should 10 unpunished than that " the citI%e"
should be liable 10 have his premises invaded MS uesA
broken open private books letters, and papers eX
posed to prying curiosity and TO the misconsrncton OF
ignorant and suspicious persons and all this under inc
direction OF ministerial ollcer VINO prlnBs WIN
him such assistants pleases, aud who VIII select
them often with reference to physical strength anu
courage than their sensitive regard tolthe rights ana
feelings OF Others, To incline against the enactment
OF such laws is 20 incline TO the side OF safety.
In principle they are Objectionable; in the mode OF
execution they arc necessarily odIous; and they tend 10
invite abuse and to cover the commission OF crime"
Instances occur Judge Cooley suggests, in which the
Government officers take liberties which are even more
criminal ,han the offenses they seek to punish Inc
EMPLOYMENT OF spies and decOys to lead men on 10 inc
commission OF crimes the preense OF ofDringlng crlm
mails to Justice often or too strongly con-
demued." search warrant for the papers OF a suS-
pected party was illegal at the common law with re-
gard to the searches of private premises, and seizures
Of books and premises, which made under the au
thorty or claim OF authority Of the revenue laws OF
the United States, Judge Cooley expresses himself with
marked decision. Perhaps under no other laws are
such liberties taken by ministerial officers; and Wonld
be surprising to nd oppressive action on their part SO
often submitted without legal contest II the faciAy
they possess to embarras annoy and oosruct the mer-
chant in his business not borne in mind" THIS
puts the case as the merchant and the inorne
in nutshell. We not infatuated as TO suppose
that the opinions of eminent urlst as the late chief
iustoe of Michigan Will have any considerable influence
with our doughty legislators at Washington, but the
wisdom OF his views Will not fail TO commend itself to
the copmOn and the common integrity OF the peo-
le ana will sooner later bring forth fruit in the re-
peal Of laws which at with personal Fights, and
wth the spirit If not the letter of the Constitution.