The banner. [volume] (Abbeville, S.C.) 1844-1847, 1846-09-02
(FOH TIE BANNER.
TEMPERANCE NOTIONS.

lIclpatc that we would be called to tres
pass IL second time upon the public, by
occupying your columns with this sub
Jcct. But the tone of lengthy art-
cIc' p"rrort'ng to reply, i'll your paper
OF the 10Th ultimo, makes it necessary
that we should again be heard, or leave
the impression that we arc driven from
the field
ID. L." first lisscnts from our opinion,
that Il greater influence can be cxertcd
over an enlightened people, by the gen
tic art OF persuasion, as Il method of re-
formation, than by any resort to forced
restrictions" He proceeds, by denying
the existence of force in the legislature
or civil government The drift Of his
argument is, that the people themselves
make the law; that law " is the public
sentiment, the public wish and WILL"
and consequently the citizen obcys only
because it IS his choice" Was ever
doctrines more in conflict with the true
principles Of morality and the science
Of government promulgcd2 Is not the
reader astoundcl to hear them gravelv
urged? We assert that force is the vc-
ry essence and constitution of civil law :;
and II necessary, VIC could sustain it
by all the authors that ever wrote
upon the subject. 1t was from the ne
ccsslty of regulating society that civil
government originated The necessity
of rcmcdying evils which were not ec
tcctcd or reached by the divine or natural
law; of establishing rules which were
absolutely necessary for the temporal
welfare Of society, in compelling its indi-
vldual members TO observe their relative
duties and Of furnishing us with a rule
by which VIC could demand our rights
and redress our wrongs. Had all men
been perfect in their crcatioa, and never
corruptcd-had they been too wise to
misconceivc their rights and duties, and
too holy TO require that they should be
forced to observe thcm-thcn, civil GO
vcrnmcnt never would have been ins,i-
tutcd. Let us consult the great author
which "D. L." seems to rely so much
in, and sec ifhc does not sustain us in
our views. Sir WILLIAM BLACKSTONE
says, "civil law Is rule Of civil conduct,
commanding what is right and prohibi-
ting what is wrong; it is called a rule,
to distinguish it from advice or counsel
from compact or agreement; the Ian
guasc of compact is, will or will not
90 this; that of law, thou shalt or
shalt not do it. Advice or counsel. we
are at liberty to follow or not, as we see
proper, and to Judge of the reasonable
orunreasonablencss Of the thing advised;
whereas, our obedience to the lap de-
pcnds not upon our appreciation, but upon
the makers aciX Does that which com
mands and prohibits exert no force or re-
stf0int? Is that which compels US to
act without consulting our reason or
wishes, matter of our "choicc," and
"quite mild" enough TO supcrscdc per
suaslon? Does the law exercise no
force upon the community, because it is
the public sentiment, and the communi-
ty wills it2 Then the culprit who par
tIclpates in making the law which hangs
him, dies by his own will and choice"
and the force or restraint of the gallows
Is gone. Is there no force in the court
or its rulcs-in its sentence-in the
sheriff, or its officers? They are but
the organs of the people, and they can
not exert force upon those whose
choice" it was TO establish them. No
force in the execution, which snatches
from man his property and incarce-
rates his body? All these are but pow
erful instruments Of the law, which
prove our assertion, that force is its very
essence and constitution. But ah it is
"the language Of disaffcction and licen-