PUBLISHER'S ADDRESS IMMEDIATELY following the passage of the act entitled "An Act for the Suppression of Intemperance, Pauperism, and Crime," by the Legislature of the state of New York, measures were taken by a Meeting of Importers, Dealers, Hotel-keepers, &c., to procure the Opinions of some of the most eminent MEMBERS of the Legal Profession, upon the validity of that act. This being done, they were published in several of the daily papers of this city, and freely circulated, with the Opinions of ROBERT J. DILLON, Esq., Counsel to the Corporation of this city, and A. OAKEY HALL, District Attorney. The effect of this upon the public mind, has so abundantly demonstrated the propriety of the course, that "THE METROPOLITAN SOCIETY FOR THE PROTECTION OF PRIVATE AND CONSTITUTIONAL RIGHTS," (which had its origin from the Meeting referred to above,) have determined to meet the repeatedly expressed wishes of persons interested, by a re-publication of the same in pamphlet form, for gratuitous circulation, not only within our own state, but as extensively as we conveniently can, beyond it; and to prefix to them the Veto of Governor SEYMOUR, of a similar act, passed in 1854; and to add to them the Opinion of NICHOLAS HILL, Esq., of Albany; and the admirable Letter of the Hon. DANIEL D. BARNARD; also, the Opinion of the Hon. RUFUS CHOATE, on the so-called "Maine Law," of Massachusetts, with the highly valuable Letter of the Hon. HARRISON GRAY OTIS, on "Sumptuary Laws," addressed to WILLIAM HAYDEN, Esq., on the 8th of April, 1848, at Boston. In confirmation of the views here expressed, we have the gratification of presenting to the reader, the DECISIONS of the SUPREME COURT, of the Second Judicial District of the State of N. Y., and of the Hon. JAMES M. SMITH, Jr., Recorder of the city of N. Y. To the whole is appended the Law in question, entitled “An Act for the Suppression of Intemperance," &c. A suitable Preface, or Introduction, precedes these documents, to which the readers attention is invited. The EXECUTIVE COMMITTEE of the Society believe, that the labor and expense attending this effort to give extensive circulation to a compilation of these valuable papers, is more than remunerated, in the fact that a large portion of our Union feel their interests to be interwoven with those of New York, in every act which tends to fetter commercial operations, but yet more especially, in one which abridges the liberty of citizens, and seizes upon their property without "due process of law." While we commend the reading of these papers to the importer, manufacturer, and vendor of liquors, wines, and malt beverages, we are desirous that they should be, also, in the hands of others, who are not led away by infuriated fanaticism, and especially, that they may meet the eye of gentlemen of the law, in all parts of our interior, where the infamous principles of a "Maine Law" finds some Neil Dow, or Myron H. Clark, to give them impulse. It is our ambition to aid in defeating these enemies of constitutional right every where, and we hope that we are doing something towards it by this publication. P. W. ENGS, ABRAHAM BINNINGER, F. S. COZZENS, T. J. BAYAUD, W. S. CORWIN, JOHN P. TREADWELL, JOHN W. WHITLOCK, JOEL CONCKLIN, JOHN BAKER, HENRY SNYDER, New York, September, 1855. Executive Committee. PREFACE. THE following opinions on the law prohibiting the sale of wine and other fermented and distilled beverages in this state, are from the ablest lawyers and most virtuous citizens in the country. They are entitled to a respectful attention both from the learning displayed, the importance of the cause which has elicited them, and the character of their authors. The distortion of popular institutions, so as to become an instrument of oppression, and the anomaly of an act solemnly passed by a Legislature, and invested with all the outward forms of law, and yet despoiling men of their property in defiance of their constitutional rights, are alarming features in the history of jurisprudence; but the thorough exposure of these legal fallacies is the first step towards their utter repudiation, the vindication of individual rights, and the strengthening of the great bulwarks of the common law and the Constitution. The popular mind, which has been, to some extent, led away by the Will-o'-Wisps of false reforms, in the vain attempt of securing a fancied good, by unlawful means, may see its error and retrace its step, but this, though certain to be done, would only be a partial triumph, unless the sanctions of the fundamental law are solemnly re-affirmed, and the citadel of individual right, sapped by this invasion of fanatical legislation, is made impregnable for the future. So desirable a conşummation has been accomplished by the labors, the learning, and the genius of the eminent legal intellects which have been employed in criticising the errors and the inherent weakness of this legislative incursion of fanatical despotism. The agitation on the subject of the use of wine and beverages containing alcohol, must take its place in history alongside of those numerous delusions which have temporarily gained possession of the human mind, and modified and controlled the actions and conduct of mankind. False theories in religion, in public policy, in social life, have existed before now, and created sects of devoted enthusiasts and partisans. Their errors and their practices embrace a mass of folly and absurdity, of disgusting wickedness and stubborn fiendishness that will justify the theological dogma of the utter depravity of a fallen nature. Wrapped in the contemplation of a single idea, the devotees of these false doctrines in morality, religion, or government, have waded through blood, trampled on all laws, human and divine, rejected the voice of reason, and the promptings of humanity, and left the tale of their atrocities to chill the heart and lower the pride of every reader, when he thinks that their perpetrators were men. So various have been the forms of these singular demonstrations of madness, that it would be endless to describe their characteristics and trace their resemblance. Even physical science has not been secure against such delusions; and mesmerism, and its kindred follies have found believers by thousands in the nineteenth century. It is painful to enter an asylum where the insane are separated from their fellows, to listen to the gibbering laugh of idiocy, the ravings of the maniac, and the stolid brutishness of the moping melancholic; but these horrid spectacles are but the shadows of the fleeting cloud when compared to the total eclipse of Mahometanism, Mormonism, Mesmerism, and kindred abominable delusions that overspread the minds of thousands and millions. In order fully to appreciate the sentiments and conduct of the sect calling themselves "Temperance Men," "Teetotallers," "Rechabites," and the like, who, by dint of secret combinations for political objects, have at length secured the passage of laws inhibiting the sale, manufacture, and use of vinous liquors, it is necessary to take a cursory view at the objects they propose, and the scope of their imagined reform. For four thousand |