State journal. [volume] (Montpelier, Vt.) 1831-1836, 1836-11-22

wide extent estimate conduct by its tendencies.
And certainly traffic which is suited foster and per-
peuae and extend of the grosest and most noxious
of all the vices, which degrade, corrupt alct and ruin
mankind cannot but be marked with guilt And every
who vends ardent spirit may righully be regarded
accessory before the fact to all the evils which
be the result. But ought ii to be question with the LIE
gisauro of community like whether they shall
tnue TO give legal character to sin? Ought 1t TO be
question whether shall still say class Of
individuals through the state-ir you willing to pay
for the privilege, will authorize you to engage in
employment which cannot be carried on without inquy,
and which may justly be pronounced as 1t regards the
public, species of political suicide
Again. the sanction which the law gives this traffic,
ought to be Withdrawn, in view of its influence upon the
sentiments and feelings Of large numbers in the commu-
nifty 1t renders Intellectual all appeals the conscenccs
and TO the better feelings Of very many Of those engaged
in this noXOus commerce. They shield themselves
from responsibility and blame, behind the license which
they receive from legislative authority. To purpose
they told that their business is wrong while the
ute book rronounccs it right And the inference is not
a remote obscure one that if vending be right,
buying and consuming cannot be wrong Hence the
license law operates in manner most mIschievols afor
ding quieus to mems consccnccs with regard to the
course which they are pursuing when, it there were
law upon the subject they would be more open to
vctlon of their guilt and more accessible TO inducements
to reform Your committee, however, would by no means
contemplate repeal OF the existing law, without enacng
a substitute For while in point of view, ii sanctions
and cgazes the traffic in ardent spirits in another, it op
crates restraining statute. There is, pcrsua-
ded, less extensive sale Of the article than if all laws
the subject done away. The law carrying
does, the seal of Reproduction upon itself by the monopoly
which Creates and by the explicit declaration which it
makes that the business is such safely be left
opcn like all useful cmployments TO the enterprise and
competition of the whole communty-is still which
cannot, without injury, be dispensed with Such are the
views and feelings of considerable portion of the public,
created in part apprehend by the existing law itself
that If 1t were repealed, the places which intoxicating
liquors sold would be greatly multiplied and prose-
cution at common law. followed BY conviction and pun
smeni, could not be expected for act, to which the
statute had long granted only toCraon but also
legal character. In New Orleans, not long SINCE an
analogous case existed. The city authorities had long
been in the practice of licensing gaming houses and had
derived from ii a large revenue But they had become
convinced that these establishments public nusances
and that the money received was poor remuneration
to the community for the injury sustained. What in this
did they deem necessary to do Did they merely
decline issuing licenses and compensation for them;
leaving every man who chose at liberty open gaming
house On the contrary they enacted decided prohb
toy statute, enforced by penalties, heavy fines
and proractcd Imprisonment in the pentenory.
Your Committee will close their discussion of this sub
jet, by, motto ing two or three difficulties, with which
! they believe that some minds pcrpcxcd
1t has been made question by some whether the
Legislature has constitutional right to this sub
Jeci, prohlbory law. But if we have this right,
the provision OF our national state lstituon
be pointed out, in which that right has been surrendered
But your committee have yet to learn where the essential
attribute OF every -selfpreservation, has
been parted with by us, that defend ourselves
against corruption and ruin, by nterdictng what is in
compatible with public virtue and happiness and safety
But we remark further that unless our present laws on
this subject tissue of usurpaton and all unconstitu
tiona and NULL we have beyond controversy the right Of
entire Introduction. For if have authority say that
shall sell spurious liquors unless he pays five dol
lars for license, may say that shall do it unless
he pays five hundred dollars and if five hundred, them
we may say five thousand. We may thus prohibit ind-
recly by fixing the price of license SO high that il will
be for no mans interest and within the scope Of no mans
means, to pay it, But ii is of the planes and best
tied principles OF law and ethics and common thar
what man may not do directly he may not do indirectly
And where constitutional provision is involved the
doctrine which holds true of individual is Of a leg
ative body If then, the whole system Of licenses in this
state and in all the Of this country be unconst-
tuonal and downright usurpaton,und the validity of
the system has never, ta, Of been called in
queslon,-we may prohibit directly by molingt penal to
sell or by fixing the fee for license high that no
man either will or can buy.
There arc some however, who appear to labor under
the misrepresentation that prohbitory law would be am
encroacmcnt the rights OF the community and charge
able with injustice and oppression But individual has
rights at war with the public safety and welfare. 1t is
principle of law well settled and every where recognized
that man is at liberty to even his property such
manner TO essentially njue others, become pub
lie On Tho tho 70