Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1838-06-15
| would now ask Mr.. Curtis if, IN view

Of Brandon, heretofore alluded to, together
with that Of Montpelier, it does not appear
that the finger Of Political Priest Graft is
very busy IN oil those societies :--and |
will further ask Of Mr.. Curtis, if his con
duct in the case alluded to does not better
correspond with that o; the Pope, possess
ing oil spiritual aud temporal power, than
with the character Of an humble anbassa
dor of Jesus Christ, who proclaimed TO his
followers that his kingdom was not Of this
world. | shall not presume to be your
Judge on these questions. put them for
your consideration, and shall leave them
for candid public 10 decide.
| will now proceed TO examine your ar
gumcnts adduced in support of the Bran
don resolution, and those in opposition to
that of the legislature and first, will
observe, tina. almost all the arguments ad-
duCed by the opponents Of the resolution
of the legislature, and the references to the
constitution Of the State, are all for the
purpose Of proving, that the legislature has
a Constitutional power to pass all laws
which are necessary for the public welfavc.
But you will perceive by my reply to Mr..
Holcomb, that there is no question between
us on that point bat | deny that such
law as you and others contend for would
be for the public welfare. You presume
that such a law would be fer the public
welfare, out adducc no arguments to prove
the fact.
shall now proceed to notice the man.
ner in which you treated the subject under
consideration. Your resolution introduced
to the temperance society of Brandon de-
clares that the legislature Of the State Of
Vermont has the constitutional right TO
pass a law to prohibit the traffic in ardent
spirits. Ifyou wished to discuss the pro.
priety of the votes of those who voted in
the affirmative OF the resolution of the
legislature, as it appears it was your object,
why did you not state the resolution as il
was passed by the legislature' Why did you
state one half of the question contained in
the resolutions and then hold it up to
public view as meeting all the principles
contained in that resolution. But in your
speech before the temperance society in
Brandon on the subject in question, you
say that you have repeatedly affixed your
name to petitions soliciting the legislature
to interdct by law, the sale of ardent spi-
rlts as a drink. BY the manner in which
you qualify your expression you appear to
virtually admit that the sale of ardent spirits
under proper restrictions is necessary
which is admitted by many of the temper
ance reformers which admission virtually
comedies all the principles contained in the
resolution which you so much condemn and
represent as baseless fabric for believe
that you will not admit that the use OF ar
dent spirits is in some cases necessary, and
yet contend that the making of spirits is
unnecessary. The petitions that were
presented to the legislature last fal /, many
of them prayed for q law to interdct both
the making and vending Of ardent spirits
without any qualification whatever. And
on the other hand the resolution of the
legislature declared that it did not posses:
the constitutional power to pass a law tc
nterdict the making and vending of ardent
spirits; though that vote for that resolu
ton did not contend against the const,u
tiono right Of the legislature to regulate
the sale Of ardent spirits in any way tina
the good Of the public may require; blu
they contended that the legislature did no
possess the constitutional power to deprive
the people of Vermont of the use of arden
spirits in all cases whatever, which w0ulC
| have been the effect of The law prayed for
Bat the committee of the legislature L
whom was referred the temperance petit
tlons say in their report, that law may b.
clearly and strictly constitutional and vel
be not based upon sound policy or common
sense. But deny the constitutional righ
Of the legislature to pass any law that i!
injurious to the people. That the legsa
ture has constitutional right to pass {
law that is wrong, is a contradiction il
terms, besides being reproach upon tn,
sages that formed that instrument.
But let us examine this principle for ;
moment. The trainers of the constitution
in the 9th section ofthe plan ofgovernment
after specifying numerous grants of powe
given to the legislature, ADD being sensible
that they should not be able to particular
iZe all the powers that would be necessar,
for the legislature TO exercise, they then
in order that the power of the Legislature
might be co,eXtensve with the wants o
the public, grant general power to III
legislature in the following words: ".1nt
they stat haze all other potcers necessar!
for the House Of Representatives. Of It fire
and sovereign State, bit they shalt haze n
po,oers to add, 10 alter, abo!ist, on erpmg
any part of this constitution :" meaning
thereby, that the legislature should not in
fringe upon the powers granted to othe
departments of the government, but shout
in all cases keep within the true spirit an
meaning of the constitution and yet thi
learned committee infer from this genera
grant of power, flor there is no specific
power granted IN the constitution to tn
legislature to pass such law) that tn
legislature possesses the right to pass La
that is a mockery of sound policy aud con
mon sense aud will add, ifthc report
, that committee is not mockery OF con
! man spnso | 1n MT knnW Az hare IN lnol, f.,