Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1841-01-19


Stall sell your goods at all times for certain
fixed prices 10 every man, who tenders
grain in payment to every distlller, you
shall convert into good whiskey all grain
brought 10 your distllery in due turn for
one fourth of such grain, and for each re-
fusal or neglect you shall forfeit three dol
lars and'if you take more than one fourth
you shall forfeit fifty dollars, or imprisoned
thirty days. For. if the principle is admis-
sable as 10 one individual or one branch Of
business, it is equally to all. Are we will
ling to sanction such officious legislation in
relation to our own business p! That "might
gives right" is an exploded doctrine, and
should be secuted equally from Legislation
as from ethics. The legislature have no
Fight thus to dictate private business, and
whenever they attempt to do so, they 60
beyond their legitimate sphere Of action,
and violate the principle Of natural right,
the greatlaws of nature which are the basis
Of all human legislation. Every mans
limh., property, and mind, oil his OWE
The God Of nature gave them to him, and
no legislature has the right to deprive him
Of them except on forfeiture, or in case of
the most urgent public necessity, and then
only upon just compensation. Here the
first alternative can not be pretended to
exist, and the latter does not as | have al
ready shown. But though be conten-
ded, without the shadow Of justice or ne
cessity as conceive, that the mllers should
be compelled by law to grind in turn at
fixed toll for the public at large, still it is
a matter of great public necessity tina, they
should be compelledto grind for distileries?
for this law is compulsory alike in both
cases.
But the statute is oppressive and unjust
because virtually takes away vested rights
Many Of our grist mills were in operation
prior TO its passage, and might not have
been erected had the owners known that
such law would be enacted. Besides, it
is taking the capital and labor Of one man,
and compelling him to use it in the business
and for the benefit Of another Govern
ment under certain urgent circumstances
have the right to take private property for
public purposes, but have they the right TO
compel man to use his property to ad-
vance even public, much less private in
terests
Another very harsh feature Of this law
is, it compels man to violate his con-
science or pay fine. 1t cannot be pre-
tended al this day but that many men, and
our best men too, have conscientious scru-
pies against aiding i'll the manufacture Of
alcohol. If they grind for dstillation, they
as directly and effectually aid in its manu-
facture, as if they actually distilled it
And is it not repugnant to the enlightened
sentiments of the age, and the mild spirit
Of our institutions 10 compel man to do
what he believes to be morally wrong and
SIN? Mankind have struggled too long
against the assumed right Of kings and
pontffs, to bind the conscience, to now sub
mitto the doctrine and mistake the good
sense and liberal views Of the pee pie of
Wisconsin, ii they sanction it by their leg
iSlation.
Again, as This statute reads, "every
miller, owner or occupier of mll'' is
forced to grind in due turn" s. the grain
and corn brought 10 their mills" And
this they are obliged to do, by the letter Of |
the law, whether they are able or can az
ford to run their mills or not for he fixed
tolls they shall keep them in operation
or shut them up +; and it may be doubtful
whether by the statute, they have even this
poor privilege to save themselves from
But this law defeats the very object for
which it was enacted, which was the prompt
and impartial accommodation of the public.
For as it Row reads the dis,iller's grain, is TO
be groundin turn equally with the farmers.
Now suppose, and it is not a foreign sup
position for it is a case which has actually
occ lrreo in tho Territory suppose grist
mill is in operation which can barely &C.
commodate the public in the vicinity with
flour fer domestic consumption. A distl-
Ter Gomez along, and erects disillery by
The side Of the mill and demands the grind
ing of fifty or one hunded bushels Of grain
por day for distilation. The miller mast
grind it or be fined. He grnds it, and his
mill is thus used one half or two thirds Of
the time TO aid in making wh,skey, whilst
the public cannot get their gram ground TO
eat without great delay and Inconvenience.
| have thus Messrs. Editors as | con-
ccive, shown this law to be alike inconsist-
ant and unjust, officious and inexpedient,
and should no longer remain stain upon
cur statute book.
In my next shall examine the constitu-
tionality Of this law. JUSTICE.
GENEAA January 8, lS4l.
COUNTY TEMPER ANCF MEETING