The people's press, and Addison County Democrat. [volume] (Middlebury, Vt.) 1838-1841, 1838-07-03
T E If P E r A n G. E.

10 the Editor Of Ike Vermont Statesmen:
SIR In yopr paper of April IL, you state
that large public meeting, recently holden ia
Boston, had voted that the bill before the Lee
eisIature of Massachusetts, prohibiting the sale
Of ardent spirits by retail, except by druggists
as IA medicine, is incxpedient and unconstlta
tionaI. And you proceed to express the per-
suasion hat public sentiment, IN g cectIons Of
:;:c. cour,fy vii. soon put an enG Ra.'us5of5i
the pdrt cf over ze9io- Afirloaas OF
Temper5z-e, as you term itcm; and fui aii
end 70 th.in, on the ground that they are wrong
and mischieyous, wrong in principle and ms
ch;evous in their influence. As you have thus
called the attention of your readers 10 the sub
icct; and as tire House Of Representatives Of
this State at It's last session passed formal re
solution, declaring prohbiory statute uacon-
sti,utional, would solicit the privilege OF ex-
aiming the subject in few brief numbers IN
your columns.
| shall not trouble nyself 10 inquire whether
a law of the character in question, IS unconsti-
.utional in Massachusetts but whether it would
be so in Vermont. There Is, however some
little reason TO regard the opinion Of the meet
ing in Boston as rot entitled to the highest
confidence, since the Legislature of blasSachu-
sets have enacted such law by q vote Of more
than two to one in the House of Representatives
and of nearly three 10 one i'll the Senate and
the Supreme Judicial Court Of hat state has re-
Gently decided that such 4 law is constitutional.
And there are circumstances connected with
the resolution passed by our House Of Repre-
sentatives, which ev!nce, that 1t is entitled TO
little respect and ought 10 have but little weight
with the community. 1t was passed at an ad-
vanced hour OF the night, eleven O'Clock or later,
on the last day Of the session, and when nearly
or quite one half Of the members had either LETT
town on leave, or had retired 10 rest. 1t was
also passed by a lean minority OF eleven, after
having failed, as have been informed, of being
rejected by an overwhelming vote, merely out
oftenderness TO the mover. We are lett en-
tirely in the dark as to the grounds on which
the resolution was adopted. | have never seen
any reason alleged by any one of these who
voted in the affirmative in vindication of hts
vote. | have never known any article of the
constitution whether contained in the declara.
lion of rights or the subsequent portion of it
specified as sustaining the resolution in ques-
ton. The amount of all the reasons, which
Mr.. Dee, who introduced the resolution anc
urged its adoption with much zeal and perse
verence, advanced in its support, as far, at least
as have been able to learn, was, that he hac
aZcays used a LITTLE, and really thought that
did him good. 1t will hardly be admitted b,
any intelligent community, that it must, o
course be unconstitutional to throw any impedi
ment in the way Of mans obtaining whateve
Ne MAY deem, on grounds however erroneous
20. service, even should the public good imperi
ously demand it.
In my investigation of this subject,l shall fir:
inquire whether law prohibiting the traffic
spirituous liquors would be unconstitutlona
and, then examine the question Of the exPed
ency of a measure of that character.
take this course, because, if prohibition
statute would be unconstitutional, it must be id
to discuss TIE point of expediency; as in tn
case nothing can rightfully be done, till Il
constitution shall be amended.
l. In the first place not an article OF the CO
stitution has been or can be pointed out, at all
variance with prohibition and the most absou
and Incorporating prohibition. have