Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1838-06-15
FRIDAY. JUNE Is, 1888.


tain the resolution in question. But hero it
becomes necessary TO state, that lmmedi
atey after the commencement OF the SEES
sion of the Legislature last October, many
petitions were presented to the Legislature
from various parts of the state, praying
for the passage of a law to in.erdct the
making and vending Of ardent spirits IN
this state, and as believed then with
majority Of the members, and am still OF
the same opinion that such law would
be both unconstitutional and injurious TO
the public welfare. | therefore. III accord
ance with that opinion, carried forward the
resolution, declaring that the Legislature
Of Vermont did not possess the constltu-
tional right to pass law to interdct the
making and vending of ardent spirits. The
reason why believe that such law would
be unconstitutional is because believe 1t
would be injurious TO the public welfare.
Your Arguments are all directed to prove
that the Legislature has the constitutional
rrh, to pass all laws which are necessary
for the public welfare. In this opinion
heartily concur with you, and instead OF
weakening your belief Oh that point ! will
endeavor to strengthen it by referring you
to section in the constitution that is more
explicit on the subject than any which you
have quoted, but deny that such law as
you aud others contend for would be for
the public welfare. The section to which
would refer you is the 9th section lE the
plan of government. That section, after
specifying numerous powers granted to the
Legislature. concludes by saying "ana they
shalt haze all other po,cers necessary for
The House of Representatives. Of free and
sovereign state, Jul they shall hare no po,oer
TO add, 10 alter. abolish, or infringe any
part of The Constitution." The Consti,u-
ton docs not say that the Legislature shall
have power to pass a law to lnterdIct the
making and vending of ardent spirits, mel
Their does it say that it shall not have that
power but 1t says the Legislature shall
have all the power that is necessary for a
free and sovereign state, therefore if such
LAY is necessary it would be constitutional,
if is not necessary it follows of course, that
it would not be constitutional. This is
precisely the same principle laid down by
Daniel Webster when arguing the consti-
tu,ional right Of Congress to establish q
Bank of the United States. You have
therefore, in my opinion, only to prove that
law to interdct the making and vending
of ardent spirits is necessary for the publ c
welfare to prove that such law would be
constitutional; but such law in my view
would be injurious to the public welfare
for this plain reason, that the making Of
ardent spirits is both useful and necessary
and as every individuel cannot make for
himself it becomes necessary that there
should be sale made Of it under such re.
stric,ions as will best accord with the pub
lie welfare. No crmlnaty exists in the
making or in the temperate use of ardent
spirits, but it wholly consists in the abus,
oft. The Legislature has always excr
cried the right, and as believe Justly, t.
restrain drunkenness and the improper USE
Of ardent spirits by penal laws. But there
is some individuals to be found, howeve
jealous they may be for the temperance
reform. who do not make use of arden
spirits in pickary, camphor, and in various
ways, and none to my knowledge but wha
consider it actually necessary in sickness
aud yet they petition the Legislature tt
pass a law to interdict both the making ant
vending Of ardent spirits Surely, the.
have not become so infatuated as to believ'
that they can have ardent spirits withou
its being made. Would such law be con
s,itutional? would it be adapted to thu
feelings and wants of the people, and pro
mote the public welfare? Let reason ant
common sense decide the question. Blu
there is another class that petition tn
Legislature to intcrdlct the sale of arden
spirits as a drink; but how is such law t
be carried into effect Would they estab
lish an inquisition in every town or neigh
borhood with power to grant licenses L
purchase liquors in case of sickness, and t.
punish by fine all who should presume t.
Judge for themselves when its use
, necessary? know of no other way t
carry such law into effect.
! will now ask all of those who ar
f friendly to the temperance reform, if in
cases, both in sickness and health, when
ever YOU shall believe that spirituou
liquors of any kind will be useful to your
self or families, if you are willing to b
, compelled by law, first, to go and obtain
, license amidst the multiplied cares who
, sickness or other casualties may produce
before you can purchase spir,uous Liquor
1 for the use of your families, without sui
, iecting yourselves to a fine for SO doing
Would not such law be an abridgement {
a your rights and violation of the const
tuition verify believed it would, at tn
! time of the passage of the resolution
question. and have seen no reason tc
. changing my mind on that subject sine,
The first article on the Bill of Right
declares that all men are born equally fire.
and independent, and have certain notura
n inherent and inalenable rights; anon
f which are the enjoying life and llbert
i acquiring, possessing and protecting prof.
u er'y, and preserving happiness and satet
!, Those lnallenabo rights spoken OF mu
o mean elhlng or nothing. 1t is admllt'