Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1841-09-07

TON this strong position we eanno; be driven, till the
b'oie, the universal code oflaws, is thrown GU, Of the
hall oflegislaiion.
we ask now II the law iiceasias the sale ofintorteat-
ing drinks as a leverage is no, totally al war with the
end oil the divine, and every Just civil government.
Ia the Roman Empire, it was the ayowed duty ofeyery
magistrate TO see tina, the Republic received no de,ri.
ment. his Is the duty Of every ruler under every
'orth OF government. II is explicitly stated in the con
suiuiion Of this State, Articles VII and XVIII, THAT
government is, OF ought 10 be, instituted for the com.
mon benefit, protection and security Of the people. ma
ton or community, and not for the particular emolu-
men' or advantage Of any single man, family, or Sc, of
men, who are a part only Of tina, community, and thai,
lhe community hath an indubitable, inalienable and in
deieasiole right TO reform or alter government in such
manner as shall be, by that community Judged most
conducive to the public veal. That frequent recur-
renee TO fundamental principles, and a firm adherence
10 justice, moderation, temperance, industry and fru-
sa"fy' are absolutely necessary TO preserve the bless
ines Of liberty, and keep government free the people
ought, therefore, to pay particular attention to these
points IN the choice Of officers and representatives and
nave a night, IN a legal way, to exac, a due and constan,
regard to them from their Legislators and magistrates
in making and executing such laws as are necessary
Tor the good government Of the State The PRINCIPLES
here embodied in our constitution are professedly a.
'~ fN''Nf ~ 'hV Iplls ais ny every lpIlSIa-
tor and magistrate elect. And the oath Of office is
administered TO our highest magistrates, binding Them
TO preserve the constitution and laws ofthe land invio-
late. But the constitution and all the enac,men,s un-
der II were framed with a view 10 the individual rights
OF the body polite. Consistent with their oath of office
ana Inc expectations OF the people, our rulers generally
conduci IN Their legislative proceedings. They do not
give The sanction OF law to the circus, the horse-racc,
lotteries, gambling establishments, houses of i'll fame,
the importation Of infected goods, the vending of poi
sonous confectionery, or any great public nuisance
They Totally prohibit these and similar evils, on the
ground that they are detrimental to the Republic. Or
If they did not prohibit these sources Of idleness and
vice, least OF all would they think Of giving them dig
nifty and protection by the shield of law, and the Ii.
cense Of public authority. 1t would place our rulers
in a singular predicament should they follow the stand
ing rule in the case Of intoxicating drinks, and license
the vending Of poisonous confectionery in a quantity
not less than t,Senty pounds wholesale, and not less
than one pound retail. Or, should they under restraints
like those imposed on the sale Of intoxicating drinks,
license gambling houses or houses of i'll fame, there
would arise from their constituents a general burst Of
wonder and Indignation. How then can the powers
that be, license the vending of intoxicating liquors TO
every man who chooses 10 import, manufacture or sell
tCenty or ti0enty thousand gallons al one time, and al
so authorize scores OF men to retail by The pint, and
hundreds more to deal out by the halfgilll Is this
true TO the constitution and the oath Of Officer Does it
promote and protect the public veal and the rights Of
ALI Is this lin the words Of the Consiitution) a Gre
quent recurrence to fundamental principles, and a firm
adhere nee to justice, moderation, temperance, industry
and frugaity! j. government so administered "instl-
tuied for the common benefit, protection and security
Of the people, nation, or community, and no, for the
e%molument or advantage of any single mani" But it
IS said that rulers do what they can not having the
power to prohibit totally, they limi, the evils OF intern
perance, and It's prolific sources. But why have not
our rulers the power to abolish, by legal enactments
the traffic in ardent spintsl Is it because the people
will not submit, to such e~nactments, Then the people
are the Legislators, and the office and duties of rulers
are merely nominal. Hence the perilous doctrine OF
expediency in legislation. No law must be enacted,
or eNislingi laws executed without the consent of the
sovereign people. And therefore, the way is open for
the summary process administered by lunch late, and
the arrest OF civil jurisdiction in any and all offs forms.
This doctrine Of expediency, or rulers submitting 10
the people, tends TO The overthrow Of all civil authority,
and shoIld be calmly bu, slenly confronted by the
magistrate. The duties Of rulers are defined in the
Constitution, and by solemn oath Of Office they are
bound 10 fulfil them. They must enact and execute
such laws as are essential to the public veal, and the
enlightened and upright OF the people must defend the
rulers and the law, otherwise government viii come
TO a speedy end. But we DO not at present ask for a
total prohibition Of the traffic in intoxicating drinks
bot we DO ask our rulers not TO legalize and sanction
this enormous evil. finley cannot prerent The traffic
let them no, auihorise and protect, bot refer the matter
TO the people 10 make or find for themselves a remedy
1t is maintained, we are well aware, that the present
lice nse laws do restrain and limit the evil Of iniemper-
ance and that ifdue advantage were taken Of the eI-
is,ing provisions, many towns might wholly proven,
the sale OF inioIicsung drinks within their jurisdiction.
Not go. luz Section 6.-TAe County Cgtyt a hc
sereral Counties, al any stated or adjourned scSn0n
sAaH sraHi licenses 10 sueh persons as haH make apph-
eaton therefor, 10 BE- r~eiaiierS Of foreign and d1D<Si
Si'hlled sp'uiuouI liquors, Or OtAT, on he payment 81
heassefnment hereinafter propided"l Dot II the town
authorities could prevent the traffic, It would throw tie
whole responsibility on 8 few, and they rarely have ihC
majority or frmness for the prohibition. The peO
pie, rlsing IA their strength, will Do what 4 isw ciyl
officers dare 10, attempt Do, does the hcenoe sys
TEN, 10 its present form, restrain OF limit, on tie whole
The evils Of iu,emperanoe. We strongly doUb, this as
SUMPTION. The authorised Vendef Is under no re-
sirsiu,, save the ban Of public opinion, which he !sughi
al, because he is doing a legal bO.nsss And no mao
says a legal provelb, i, supposed 10 10 wiser than ui
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