Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1837-03-24

be done away with, or the vice Of intempcr-
ance, with its sad train OF evils, must DC en-
dured
But who will suppose thatthc vending oil
spirituous liquors can be prevented without
a legal prohibition There are men IN ev-
cry community, who are regardless oil the
means by which they acquire gain and II
this traffic can be made profitable, 1t will be
prosecuted, in spite of its nefaiious charac
ter. Others, too, who might be willing, and
even reioiced to relinquish it, will still con.
tinue il, from the apprehension that some oil
those around them, will IN that case acquire
an advantage over them in their business,
highly pernicious in its results.
THAT the traffic is wrong, is a position ca
pable Of the most satisfactory and unquestion-
able proof. We are to wide extent, TO es-
innate our conduct by its tendencies. And
certainly traffic which is suited 10 foster
and perpetuate and extend one OF the gross
est and most noxious of all the vices, which
degrade, corrupt, afilict and ruin mankind,
cannot but be marked with guilt And eve
~ man who vcnds ardent spirit may right
fully be regarded as an accessory before the
fact TO all the evils whicb,may be the result.
But ought il to be question with the Legs
lature Of a community like ours whether
they shall continue TO give legal character
to sinQ Ought il to be question whether
we shall still say to a numerous class oil IN
dividuas through the State-if you are viii
ling TO pay for the privileges, we will author
ize you TO engage in an employment which
cannot be carried on without iniquity, and
which may Justly be pronounced, as 1t re-
CARDS the public, a species of political sui
cide2
Again, the sanction which the law gives
this traffic, ought 10 be Withdrawn, in view
of its influence upon the sentiments and
feelings of large numbers in the COMMUNE
ty. Ii renders Intellectual all appeals 10 the
consciences and to the better feelings OF very
many Of those engaged in this noxious com
merce They shield themselves from re-
sponsibilty and blame behind the license
which they receive from legislative author-
ty To no purpose are they told that their
business is wrong, while the statute-book
pronounces it right And the inference is
not a remote nor an obscure one, that il vend-
ing be right buying and consuming cannot
be wrong. Hence the license law operates
in a manner most mschevous, atiording a
quietus TO mems consciences with regard TO
the course which they are pursuing when,
if there were no law upon the subject, they
would be more open TO a conviction OF their
guilt, and more accessible to inducements TO
reform Your committee, however, would
bv no means contemplate repeal Of the
existing law, without enacting substitute
For while in one point OF view, it sanctions
- l.mol;,o, tho tra ffic in r1ant snirits in
another. it operates as restraining statute
There is, we are persuaded, less extensive
, sale Of the article than if all laws on the
subject were now done away. The law
carrying Us it does, tho seal OF reprobatior
upon itself, by the monopoly which it ere
ates, and by the explicit declaration which
it makes, that the business is such as canno,
safely be left open, like all useful employ
{ ments, TO the enterprise and competition o.
the wole community,-is still one which
cannot, without injury, be dispensed with
Such are the views and feelings Of a consid
cradle portion of the public, created in par
| we apprehend, by the existing law itself
that if it were repealed, the places at which
intoxicating liquors are sold would be great
ly multiplied; and prosecution at common
law, followed by conviction and punishment
I could not be expected for an act, to which
the statute had SO long granted not only tol
, Grafton, but also a legal character. In New
, Orleans, not long since, an analogous cas-
!, existed. The city authorities had long bee
E in the practice of licensing gaming houses
/ and had derived from it large revenue
0 But they had become convinced that thes
G establishments were public nuisances, an
e that the moneyreceived was poor remu
0 neration to the community for the injury
$ sustained What in this case did they deer
it necessary TO do? Did they merely d,
It cline issuing licenses, and compensate
b for them; leaving every man who chose, {
o liberty to open q clearinghouse On tn
= contrary, they enacted decided prohibition
s statute, enforced, by severe penalties heav
., fines, and pro,racted Imprisonment in III
o penltentlary.
l. Your Committee will close their discu
n sion Of this subject, by noticing two or thre
t. difficulties, with which they believe tn,
e some minds are perplexed
A. 1t has been made a question by som
s. whether the Legislature has constitution;
n right to enact on this subject, prohibition
r law. But if we have not this right, the pr
vision of our national or state consituto
W can be pointed out, in which that right hi
f. been surrendered. But your commit,
We have yet to learn where the essential att,
" butte of every government,-selfpreserv
or tion,-has been parted with by us, so tn
n, we cannot defend ourselves against CORFU
BIT ton and ruin, by interdicting what is
he compatible with public virtue and happine