Alabama state intelligencer., 1831-01-26


 thls plan to redress injuries pursued, the small est offence would be reciprocally augmented until the terminatlon of life would be the consequence- Therefore, 1t would be better for an individual con slderably injured and possessing unbounded free dom, never to attempt to take vengeance on the az sressor And If 1t be better not to realiate, per- son has right to that means for satisfaction; be- cause, what is best, is right It has been freauentlv said that man cannot alenate that which he has not; and If he originally had not alright to defend himself government cannot now protect him. when he could not formerly protect himself Ii seems to me very erroneous, to say the sovereignty of q community is only equal to that ceded by single individual Not withstanding the authority of one man is insufficient to punish an assaant, the small portions of power gwen Us by all the persons that compose state or nation, forms an authority capable oi punishing eve " known offender. An acquaintance wi;h human nature demonstrates the fact that men do not sur render any part ofther liberty unless they think twill be to their own personal advantage If they had the power to maintain their rights they would not certan- y give upa part of their liberty for that very purpose Therefore, the simple act of mems ceding Of their privileges to sovereign, proves them to be n capable of self defence
 It is acknowledged, that before the formation of society, every person had the right when his life nigh: be endangered. and in few other cases, of selfdefence. This right he could not aIienate, be- cause, m such instances, no other power than Lis own protect him. Were it possible for the sove- reign power to redress a man for the injury Ee re- ceives by being murdered, the right of self defence when life might be threatened. would become mere privilege, the use of which would be crmiuai : for the civil authority. in such instance could and would afford protection. The erminality of the | act would be in an attempt 10 exercise that power which the individual, knowing he could not use it tn the best advantage himself had alienated to so- vernnent. IL Is very evident flat the civil law can repair injuries more eqalably than the person nur- ed. Therefore it is wrong for to defend him self when defence be afforded by law But where this cannot be done, it manifestly appears that man cannot. consistently. aIienate his right to self defence: such an act would be like placing in the hands of madman, the dagger which might ter mnate his existence. Hence it is clearly implied that men have given to the legislature, power to make such laws as will protect their rights every instance in which civil authority can afford protec- tl0n.
 From the abOve it seems to be fair conclusion that man cannot aenate his rights; and what are called his alenabe rights are, fact nothing more than his privilege to do wrong. Every restraint oc casloned by the formation of Il law which is pro- ductlve of the general good. is actual accession to individual liberty. When we elect to the legislature, we certainly give them power to make such regulations as will rebound to our happiness and prosperity. If they he well assured that the constitution of law would promote the welfare of society and yet neglect even attempt towards its formation, we justly charge them with breach, and esteem them unworthy the confidence of free peo- pie.
 In a former essay, it was shewn to be wrong and extremely criminal for person to retail ardent spi- rlts. It mi ght, also, be easily shewn, that in our southern country, 1t is an evil the most prevalent and destructive to human happiness that pervades our land. Will the legislature doubt for a moment its authority to put an immediate end to this most cruel practice Surely the revelry and voluptuous- ness of Babylon equalled the dissipation and absolute manners exhibited in our southern villages. The contamnating evil of dealing out half pints, | apparently increasing, IS truly aarming need not call on each legislator to declare how many of his neghbors have become the unhappy victims of it's rage. Every one can call to mind scores of drunk ards, who have become a curse to society, reduced their wives to poverty and distraction, and by exam- ple taught their children to perperae inhuman acts of cruelty.
 Should merchants generally sell medicine to their customers, and were 1t we'll known, that in conse- quence of this practice, at least tenth part of the community were brought to q premature death, and while living, disqualified to be useful to soci- ety; that thousands more were thereby brought to sufferance and disgrace, would not the legislature deem it an indispensable duty to confne the retailing of medicine to the shops of the apothecary. No would complain that stretch of power had been ex- erted, except few uneeling merchants who might acquire wealth by poisoning their ne ghbors The retailing of ardent spirits is practice much calantous and criminal Its consequent sufierings are incalcuable As the merchant would sell the me- dcine, in some degree ignorant of its effects the grog seller out the deadly poons conscious of its horrid effects. Should murderers and robbers remonstrate against the formation of law by which they might be apprehended and brought to punish- ment, would the supreme authority be thereby n- timdated and suffer them to ravage our country un- molestadl The retailer ofspits is much greater scourge to society. The murderer takes the lives of few individuals, prolessedly for eaiu and few HplI ,yitl, fnI in the possession of an estate, thereby made to grieve for short time, and to manage the affairs of a husband and father. By the vending of spirits hundreds sacrificed on the bacchanalian altar scores of women and children are shipped of tie comfortable means of subsistence, their reputation blasted tleir manners viiiated. and Ii ey made to lament the mpendns dissolution of tipplcr while the hidden fire consumes the vtas of his existence
 As human nature is. in every age mutatis mut0n- dis, pretty much the same, expect, for tie advance ment of the above opinions, the profusc mprecaons of grog sellers When Paul preached to ihe Tphe- sans, "tkdt here Je no Gods ,rLich are nade srith hdnds," the craftsmen. who made silver shrines for Diana, held council to devise means by which they might pnt end to his preaching; not because they thought hm guilty 0fa crime. but because thcy thoueEt the craft which brought tic m no small gain Iii danger to be set at nousbt. Men now live without making sdrer shrincs for Diara; could they not, also, live without selling half pints? It is hoped, that the time is not far distant wien it will be considered odous and criminal to retail ar dent spirits, as it would be to make shrines for an idol. ZEROTI s. TUSCALOOSA, 9th January, 1881. To tn, Honorable Sanu B. Moore, sid, nt oth. Senate Sr-Ihe 22d section of cur Bill of Rights gives