The Woodstock age. [volume] (Woodstock, Vt.) 1844-1845, 1844-10-24

y" 'N"'S"J at al, LOT III no cases can II Ut
mace available, those in which accident
shall enable borrower, whose tee cssi!ies
have compelled him to submit to the He
gal eXactIon, 10 prove by cummou law ev-
idence, what so much pains arc always Ia
ken by the lender 10 conceal, and which
me borrower, in the agony Of his necess-
: NY, Is willing shsuld be concealed. - Does
not consistency of legislation suggest the
proprIety OF either repeating the law in
question, or authorizing its enforcement
by process suited to The case, and indis-
pensable to give the law effect? TO do
: this by the process suggested, would seem
TO be liable TO no valid objection.
This is a subject ofmuch general I'M
portance. The manifest tendency Of the
practice ofexac,ing unlawful interest is, in
The first plare, to beget contempt of the
!aw,and sharpen ingenuity for its evasion,
the general tendency Of which is extremely
pernIcious,- but, in the second place,
aud malnl to increase existing Inequalities
IN the condition o! the pcople,-to make
the rich richer, and the poor poorer,-to
leave the nccessious to become the victims
OF the temptation to borrow on lonr credit,
upon an interest which seldom fails to COM
pIeie their ruin. Notwithstanding the
facilities for bank accommodatlons-
mode of borrowing which begets habits Of
prom tncss, and chcrishes sense of hon
our highly uselu! TO the commUni,y-it is
believed that the practice of leaning upon
unlawful interest prevails to an extent,
and produces results, which may well claim
the earnest consideration Of the legislature.
The subject Of licences for the sale Of
intoxicating liqours, has come 10 occupy
So much the public attention, and inyol-
YES question ofsuch deep interest to the
community, that comet deem my duty
discharged without inyiing your attention
to it.
1t is principle fundamental in our gov
eminent, that it is instituted "ior the com
mon benefit protection and security Of TIE
people," The correctness of this princi
pie, asserted in our lii of rights, will, of
course, be conceded by all. In regard
lhcrclorc,to The act Of the government in IL
censing the trafic in Intoxicating liquors,
the great question wond seem to be, WhctA-
er such traffic is Cor the Common benefit"
This question is, at present, in eject, sub
mitted to the decision Of TIC courts in the
several counties, through whom alone, IL
censcs can be granted. There seems, how
ever, to he Il prevailing sentiment tina, the
power Of license Should not remain
in the courts, but that it should in some
why, be brought nearer the people. In
this sentiment | concur. The people are
the source Of power. They know whether
the traffic in question Is for their benefit,
and are fully competent to decide the cues
ton Tor themselves, without the nteryen-
ton Of the Judicial tribunal, |, is submit
ted to YOU, therefore, whether it be net
TO make satisfactory provision
BY law, for sending the question Of licenses
directly to them, and thus relieve the
courts and the legislature from further
trouble on the subject Whether any, aud
what provisions shall be made, your Wis
dom will determine. II we would avail
Of the benefits of experience,
which is always useful to consult, we have
m example in Massachusetts,, which it
nay be wise to consider. The experiment
If committing the whole subject To Com
nssioners, appointed by the people in the
cycra! counties, with authority to grant IL
lenses TO such extent as they may deem
lie public good to require, 5, ems to have
!ivcn general satisfaction in that state
Should this be deemed IN appropriate
node Of giving effect to the peoples wish
$, it would aid the important purpose #
cmoving the elections Of Commissioners
n the several counties as far as possible
rom the disturbing influence Of party pol
lies, to have them holden on a day deyo-
ed solely to that object, and us far rcmoy-
d, in point oil time, from every election,
5 the question itself ought to be separated
rom, aud elevated above, !lthc party con-
tests o,thi ilj.
There is another question connected
18th this subject, which seems to demand
ttenlion. 1t has been decided by the
uprcmc Court that Justices Of the peace
ave not jurisdiction If Offences aganst the
censes laws. County courts, therefore,
ave exclusive jurisdictions; and the result
), that in practice, prosecutions lor such
fences are instituted but once in each
Jurors being no oGencr sum
loncd, and states allorn!cS, believe. sell
ON, il ever, in such cases, fling iniorma-
ons. The obvious difficulty Of reaching
Y such an auuua, process, all the viola
ons Of the license laws; connected with
,e fact that the maximum Of the penalty
but ten dollars, would seem to suggest
ic propriety Of either giving the lnrisdic-
on to justices of The peace, or Of making
revision tina, they may bind over Offend
rs with the witnesses, as often ag,hc often.
cs shall be c3mm.ttCd II we are 10
ave laws ON this subject tlty should lie
nlorced. Every good citizen must desire
Ms, whatever may be his opinions On the
nesiion Ct Temperance. Eciter, for better,
, have no laws, than to permit them TO
and on the statute book uexeCu,ed since
lcrc is thus added TO the prohibited, and
ct permitted evil, tina: other great evil Of
practical denial Of the rightul supTema