Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1826-12-28


expedients, there is a measure which IS
within the reach OF our State Legisla-
ture, which looks to the preservation OF
those connected with the unhappy VIC
tim of this vice; which would save the
innoccat wife and offspring from the
consequences of husband or fathers
folly, and redeem them from degrade
ton and poverty,-and 10 which in the
opinion Of this Grand jury, it is now
full time, with due Difference, to direct
the Legislative attention and wisdom.
In several of the States of the Union,
habitual drunkenness has been made by
law cause of civil incapacity. These
who have fallen into this unfortunate ha'
bit, are held and considered as wanting
that degree Of regard for their families
aud of discretion and industry in the
conduct of their affairs, which is essen
tial to their welfare. They are regard
ed and dealt with as self created Lunat
les, who by their own perseverance in a
pernicious habit, have stripped them
selves OF the prudence necessary to the
use and management of their property I;
and this property, as that of Lunatics, is
by the sentence Of the law, taken out Of
their hands aud placed in those Of a
Trustee or Committee, who uses and
employs il for the support and benefit OF
the convict drunkard and his family.
Thu, stripped of his property, ifa sense
Of his own degradation by such convic
ton, will not work out bis salvation, If
the deprivation of means viii not ia a
| great degree at once renovs the temp
tatiop TO SO vile an iRGulgeance, and the
teclpers who feed the vicious appetite,
that they may be enriched by its era
wings, il with all the consciousness that
he IS psnnylsss oete0st from socisty,who
laws deem him unworthy of family or
property, he will yet cieave to his darling
vice. the tender mercies of the law viii
be over, those whom it was his duty to
have protected and sustained The chill
dren whom he has forsaken and ne glec-
ted il will sustain, and the wife whom he
should have cherished will find shelter
! in its provident mercy.
The wisdom and policy of such a
| measure cannot be doubted, and the U,
tilIty Of it will be brought home to the
mind of every person, ii care be taken
to fence II about with such safeguards as
will prevent resort to it, except in ca
ses of habitua! and hopeless Drunkenness
And even in cases OF this kind. by in
yestng, IN the proper HANDS, the right OF
applying .or the commission to enquire
tito bis state, resort to it will never
occur, unless the victim is using bis
peyer over his property TO the impoy-
erishment of his family --nor can there
be any more doubt about the right than
about the eErediency of this measure.
Without reference to its effects uoon
the interests and happiness OF the family
ot the drunkard, sach Measure seems
clearly defencibie as precautionary
measure looking only to the reformation
Of the ofendef.-N'hen the vice be-
comes habtual and 10 openly INDUCED.
and the eye Of society is continually res
ting upon its psnefill example, IL be-
comes, daily and constant crime. the
commission vi which the laws NAV nun
ISL or prevent as in any other case of
crime, by laying hold Of the person or
property Of the offender.
Our laws have already Acknowledged
the truth Of this doctrine, and they have
even subjected the public drunkard. liz
a certain event TO the igaominious pun.
ishment Of exposure in the stock. In a.
dopting ssch measure therefore. the
Legislature is not asked to adont any
new principle, but only 10 apply new
mode of punishment, which promises to
be much more eiiectuai than any which
has yet been devised, "a punishment
which deprives the offender Of The means
OF lnIuring in the crime, and which rem
ders it 10 longer the interest of others
to tempt him to such indulgence.
Cogent as the reasons are which would
sustain such measure as an efficien,
mode OF punishment, there are other
considerations equally powerful, which
would justify it as an useful restriction
OF the right OF property, perfectly consis-
tent with every principle upon which the
right of property can be sustained.
Those who would object to it as an
improper interference with this right.
must first lose sight of The latter.-The
right Of property is in all respects a ci-
vii right: il is wholly given and wholly
protected by human laws, it is given by
Il