Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1837-12-27
VERMONT TELEGRAPH.
TEMPERANCE.

iSpfech OF HARVEY OUhIia, (OhBFek SssJ
minister IN BruRaon, al an Adjourned
meeting Of fhe BrG1don Ien'PeTas:ass
Society, ksld AZ the BaPtia me n,ee''As
house IN this ritIogs, Dec. -, 1897.
Afr. PRrsIpIST:--4 am requested 70 as'
me psrt Of gentleman usher this evening, IN
ir,roducisg 70 you and 20 this audience the
following resolution; Il
.p<.sl.ea that shs LsdsIsu,rs Of NE STATE Of
v..r-.,s A. the constitutional power 70 inter
. a., ~ frafic m ardent spirits and that hle |
..1SEr ~.oI .nd in our opinion public sentiment
s-s,,,,.s ire exercise Of this power az the next
l.1sioD ofahat body.
.siS. In common with many Of my fellow
citizens, ] have repeatedly affixed my name
topesiripns, soliciting abe Legislature Ofthis
sac 20 interdict the sale Of ardent spirits
as a arisk. have done this because con-
viuced that the welfare Of the community
demands IL had never reed the eonsti-
tuition, but supposed that Of course il did not
stand in the way Of any Legislation which
the public good might require. This sup
position was founded upon the fact that the
consG,uyion was framed by representatives
of the people, and adopted by the people
Ihemselves, for their own good. From this
faet very naturally concluded that the con-
, s,i,u,iou contained nothing to prevent any
Legislation, which in process Of time might
be found necessary for the public welfare.
Moreover, -prohibitory laws, involving the
same power as thar now called 10 question,
have been frequently euscted--of which
those 10 relation to gambling, Aorss-raeing,
andths sale Of IotieTy tickets, are examples.
When the Legislature, therefore, at its last
session, passed resolution declaring il
unconstitufonal to prohibit this traffic,
was psrplexed and troubled--psrplered tc
reconcile previous Legislation with this de-
c|nraiofy actj and troubled with an appre
|nsioh thar the common traffic 10 arden
spirits-thai founlain head Of so many ply
steal and moral evils-guarded by the con
sliintion, must continue to pour Its desolat
ing streams over the land. Respect for tn
opinion Of the Legislature compelled me Il
believe that there was some ground Of
which 70 base their resolution. And thougI
could not think that such prohibition
: would be contrary to the spirit ofthe eonsti
tution, yet feared that the venerable fra
mers Of thatinsnument, NOT aware At tina
sarly period of the ruiDous effects Of th
!. tralic, mad q in an evil hourr inserted som
elsuss which, interpreted according to III
leiter, does throw over this destructive bus
hsss he sA'sld Of the constitution, and 70
bid Is entire prohibition. -. ..
Judge, sir, Of my surprise when upon n
esnllY examining the constitutiop I End a,
one . article" nor " ssefios"--no, not
single sentence, or elaase ofta sentence
which even seems 70 suthorize the resolu
\ too of the last Legislature. The Legisla
tufs declares that the LegislatUre has u
constitutional right to abolish the traffic j
ardent spiri,s.n -. +. II r.
Any proposed legislative enactment, II
be unconstitutional, must be SO either b
causs Il violafss rome srpress provision
Qfths consultation, or 70 at iOar Dith SON
general priaciplsst embraced in that Il
sfrwmenf or 70 an exercise Of poosr ~
vested in the LegisidturG p" 1." 81
On which Of these grounds does the r
solotion. Of the last Legislature rest =
Would such prohibition as Is sought
the petitioners be unconstitutional for Il
frsi resson . Would Il violate any EXPIRE
provisions or she constitution There a
no provisions IN The constitution in relate
% this particular traffic.
woald me proposed prohibition be unco
stisutional for The second reason-becau
h 4 st war with any general PrinciT
embraced in the constitution II so, WI
i. ,h.r princip.e7 Article lst Of the Ode
lar.,ion q Rights pre6xed TO the cons
tuiioa and made part Of ia, asserts "Ih
IN men are born equally free and iudepeu
,ut and have certain natural, inherent a
iualicnahle nights, among which are
euioying and defending life and libert
acquiring, possessing, and protecting PR
er,y, and pursuing and obtaining haPpin'
and safety" But Sir, IL is q principle q
,ersslly acknowledged that we must "enj
life.p.E mcguire properly" and "Pursue h
piusss.n IA such ways and BY such mea
- NOT thereby 40 ipjure others. Else, il
NV aiaaKenable light" to senjoy life"
breaking in your windows in sport
\ acquire property" BY presenting pistol
youf breast--or Ito pursue happiness"
sca,iering through the county small
infscsion. TO claim, therefore, that
nch, 10 sell ardent spirits is involved
,hirirht Of a acquiring property" Is ASST
ing than such traffic in is tendency
inevitable results Is harmless posi-