Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1839-11-21

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doing of which, there is no right. Now,
affirm, there is no constitutional right to
prohibit the sale und consumption o any
article Of commerce in ,uhich there is cupi-
tai and labor either in this, or any other
Stale in the Union! And if there be no
right to prohibit, it is ha.rant usurpa-
| ZION of our privileges, to get rid os consri-
tutiohal impelimeits by the evasion of a
TAX! This is The very principle against
which CnroIina has been struggling 80 hard
and which has. III i.s successful overthrow,
covered her with glory. The fact, gem
Iemen, that the object of The law is good,
does not in my humble opinion, release
high minded and philosophical statesmen,
Jealous of their own and their conntry's
rights. from constitutional obligations. Ii
you can prohibit. or restrict. or prevent the
sale and consumption of spirits, you can
dictate by la,o To every citizen. what be
shall eat and drink. You ought not, as
SIalesnlen To look ut the nject, but the ten
dency. prospective issue. and above all. the
constitutiona!ity Of a measure; and GER
tainlv legislators, to promote fair virtue
herself, must not trainple down the sacred
barriers Of right aud privilege! The cili-
zens may look calmly on while you pre-
scribe the game ofhdzdrd, in which there
!s neither capital nor laht,r, although they
may doubt your power: but when YOU as
sail the channels of commerce under any
plea, you tread on slippery places and
exceed the limits Of your commission. |
will moi waste more pains to prove to you,
that you have no power to prohibit, either
directly or by tax, the importation of ar
dent spirits, nor tn prohibit, prevent or re-
strict, either directly or by tax. its sale
aud consumption. without assuming a
power not granted by the Constitution of
the State. YOU can simply regulate say,
and prescribe The obligations of couhucl
and qualifications of retailer Of ardent
spirits; hui you cannot restrict the quan-
tiiy ,ithout infringing the rights Of
the poor and making partial latps. You
cannot prohibit its impoHation-you can
hot prevent their consumption, without
having yourselves branded as traitors to
tho liberty of the citizen, and felons to The
Constitution. Ardent spirits, if au evil,
are aggravated like every other, by guam
tity, aud except you can sweep away the
whole mass. this quantity will not be les
sened by subdivisions, which make an in
vduous distinction between the poor man
and The rich. Reflect how dangerous it
is in republic, to give umbrage to the
hone and sincw Of the State-the peas
antry; aud consider If they abuse their
privileges, they do no more that has been
done in every age Of The world, and in
every stage Of civilization. ,chere perfect
liberty eristed! In republics The laws
must not interfere 100 much with the hab-
its of the citizen and when they do, they
become odious. are set at defiance, and
spurned. When law in republics, sloops
10 The field Of social indulgence, from Ihal
instant, she plays game dangerous TO
her own dignity and uimical to civil lib
erly. She must not, by striking at a rec
ognized evil, cut open highway for some
futdfe tyrant to march secnrely to that
citadel Of right, the Constitution, which
il he sacred barrier of your commission,
aud of which you are not the guardians,
but The people
Should you, gentlemen, in your legisIa-
live capacity, by one single step depart
from equal rights, the vital element of re-
publicapism, and thus diverge from the
right line rigidly marked out by the Con-
stituiion, pray what's The use in the mass
Of citizens looking up to that fundamental
document as a check and limit ON yolr
commission?-But nethinks | hear some
one exclaim, that MasSachusetis-the tariff
harlot--lhe mother of prohibition--has
passed fifteen gallon law. have shown
that her ACT was unconstitutional. and a
solemn triflins with the ehls of her citi-
zens but if they choose to be consistent
III uniformly spurnins constitutional sane
lions, surely Carolina, the firm heroine of
stern equality, will show herself as sensi
tive to her own citizens in their domestic
relations as she did in their federal fea-
lions. At any rate it is quite evident that
the rroment she occupies ,he position of
prohibition or prevention, under any pre-
tence, she deserts all her former principles
and brings lhe weapons she denied 10
Congress. to bear with aggravated force on
her own citizens. But will The citizens
tamely submit! Look even at prudish
Massachusetts. The men, who. from good
motives, lent themselves by promoting The
fifteen gallon law to assail the rights Of
their fellow citizens and infringe the gen
era: spirit Of liberty, are now astoniuhed
at their own folly, and struggle to repeal
the act-all Massachusetts is apilated, and
the elections even turn on this point
How then can you calculate on such a
law being successful in this state. even if
there were no constitutional ohjec,ions!--
But the task proposed TO you Is one too
great for you to accomplish, az | shall
show you ere have done. Such of you
as are versed in history will do we'll to re-.
feet, tina, the free use Of stimuli has eur
kept pace with The progress of civiliza-
ton in slales aud nations There is not
one solitary example to the con,rary.-
This is curious fact, and the reasons be-
| e., xlx,xl