Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1845-02-24
Remarks of SHELDON, OF Racine,
In HOUSE OF REPRESENTATIVES,,

On the bill to amend an act relating to Ia
reras aud Groceries.
Mr.. Speaker II have listened with much
interest 10 the remarks made by several
gentlemen of this House, during the consi-
deratioE of this bill in committee OF the
whole, The subject has been considered
and canvassed, in all its various bearings
upon community, in its peculiar opel atoms
upon our social rights and privileges. And
in saying what J may, do not console
myself with the reflection, that shall throw
any additional light upon the question:
An ardent desire 10 promote the welfare
and the best interests Of our young and
fiourlshlng territory, and elevate the char
acier OF its citizens is, with me, q sufficient
inducement 10 lend my aid and influence
(however small that influence may be) in
the correction Of our present excise laws.
That the present law is defective, ard that
The results growing out Of that defect are
not the results desired, or ever anticipated
by its trainers, think no member of this
House will attempt to gainsay. Is ii not
our duty then, 10 correct this manifest
oversight in our predecessors, and give the
law that full force ard effect they unques-
iDn2bly intended It should have. The
people have right TO expect, nay they
will demand al our hands, such laws as are
bcst calculated to promote the peace, hap
piness, and prosperity OF themselves and
their families In the various discussions
upon this bill, it has been stated by gentle
men on this floor, that Legislative inierfe-
renee with the sale Of ardent spirits, is
throwing around it the sanction Of law:
is legalizng and encouraging traffic,
which we are all willing 10 admit 10 be u
serious evil in community nor do gentle.
men stop here, they give ii as their opinion
that the best and most saluiary remedy Tor
the traffic, is TO repeal all laws that in any
manner interfere With it, 10 throw the doors
wide open, and then public opinion and
public sentiment will step in and correct
and regulate this acknow edged evil
Mr.. Speaker: However much | may
respect the opinions of gentlemen who take
this position, ION all other questioRs,) am
compelled to take issue with them on this.
IL gentlemen will cite me 10 The first in
stance where the excise law does not exist
IN some form, and that people are sober
and industrious, consequently prosperous
and happy, ! shall be prepared 10 admit to
say the least, that there is some proof in
support OF The ground ihoy now occupy
Sir, why not upon the same train OF rea-
soning, abolish all laws that tend TO correct
The various evils existing in community,
and allow public opinion 10 step in and do
tho Office work of Legislative enaciments.
IL tho principle is correct one, and will
accomplish the desired object IN the one
instance, most certainly it will in oil. If
gentlemen will reflect, think they will
readily discover, tina, if such principle
WINS 10 predominant, We should soon find
ourselves without law and without order
Taking this view of the question, must
say, cannot subscribe 10 any such doctrine.
| will ask you. Mr.. Speaker, from what
source do our laws Originate, do they not
emanae from the people and are they
not the sentiments of the people, expressed
through US as their representatives. Sir,
| can anticipate an affirmative answer
But, sir, in relation 10 ills subject contend
that under our present excise laws, the
door is virtually thrown wide open. There
are 40 provisions embodied in that law,
can be enforced and collected. II is well |
understood by the people generally, that
they are vague and imperfect, and of no
binding force. And what are the conse-
qnencesi Does the individual who wishes |
to engage in this traffic in connexion with
that of entertaining the travelling public,
make his application TO the board Of excise
for license TO do so ? or does tie person
who takes j, into lis head 20 establish a
grocery heed the present laws upon that
subjec;! Sir, so for us my kaowIe+S9e will
allow me 10 be The judge, | am compelled
20 answer The question IN the negative
This bill, Mr. Speaker, proposes to furnish
remedy for the existing evil. Itproyides |
that the lorIcltures mentioned in certain |
sections Of the act, TO which this is amend |
atory, may be prosecuted for and rccov-
cred, IN the name OF the United States,
before II justice of tho peace in the county
where the otl,nce shall be committed
Can any gentleman find fault with this
provision H. in violating the present
laws, we subject ourselves 10 penalty or
forfeiture under that law, can there be any
objection 10 the simple remedy here pro-
vGes that II shall be the duty Of certain
Offices therein named, TO prosecute all
persons who may become liable To such
iorlei:urcs. To this provision o. the bill,
the gentleman from Milwaukee (Mr. Shew)
has intcrposad some very strenuous obcc-
lions. In his remarks upon this bill, at
former period, he enters his solemn protest
against this section, compelling him as a
public officer, 10 notice any violation or
ATTRACTION Of the law, as here pronoscd.
He discaims willingness to act, for fear
of endangering the peace and harmony OF
the ncighborhood. Now, sir, does aot the
gentleman know that there are various
cnactmeuts on our statute books, the viola
ton OF which would subject the refractory
individual 10 certain fines, penalties or for
textures; and that in the Sc enaciments. j, is
made the duty of certain public officers To
notice such offences, TO prosecute COR and
recover such iorteitureS. Sir, where is
the gentleman that will say that public
officer, while in the discharge of his duty,
SUBJECTS himself 10 cenSure, for ndhering