Eastern times. [volume] (Bath, Me.) 1846-1857, 1850-05-23

dOiiutS, VI Ut tto COuItN Jut,
not less thanihiry nor more than sixty days
lfthe court Ia Justice ofihe peace) is satisfied,
that the person is a common seller, he shall
te subject to the penalty and punishment
provided. IS il intended, that the justice
shall proceed TO Try, sentence, fine aud i'm
prison? He must proceed so far as 10 be
satisfied of his guilt, or the person cannot be
subject 10 tue renaliiy and punishment; and
vet he has no jurisdiction cannot render
Judgment, where the penalty exceeds twea-
" dollars. Section four reads, all fines and
loTieitures provided in this act, may be re-
covered in the mode provided in chapter lhir-
ty-six of the revised statutes This seems 10
secure Trial by jury, before a court oil com
peient jurisdiction but what is the issue be-
fore that court? Not whether the person is
guilty of the offence charged, but whether
| The Justice TO whom the warrant was re-
turned. is satisfied of his guilt. The bill
makes the person subject TO the penalty or
| punishment, whenever the justice is salts
fed of his guilt, and consequently the high.
er court must enforce that penalty or punish
ment, on the presentation of evidence, that
the justice was thus satisfied. This evidence
must necessarily be OF lower order, than the
record of formal Judgment; for having no
| jurisdiction, the justice could enter no juds
ment perhaps his written certificates, or per-
haps his oral statement might suffice.
Now we are brought irresisribly TO this al
tentative; that the bill provides that our cit
liens shall be seized, tried, fined and inn
prsoned, without jury, by court ofincom-
| peteni jurisdiction: or that, in preserving the
| form of trial by competent court and jury,
it preserves the form only, requiring the high
er, competent court, to impose penalties and
infict punishments on proof OF the mere opin-
ion, not formal Judgment of The interior, in
/ competent court-the one direct and gross,
The other, an indirect and shameful violation
of the right 10 be secure in person and prop.
erty, and o! trial by jury.
! | am confident, that this i'll digesed out
rage upon almost every right of our citizens,
could only have received the sanction OF the
legislature, in the haste and confusion Of a
final adjournment. Bni, be that as it may,
the moral and social well being Of the state,
| is so dependent upon the advancement OF
temperance, that am unwilling TO be in any
degree instrumental, in burihening or re-
tariing il, with a law so Justly odious, and
at the same time Intellectual
! Immediately on the announcement that |
had Withheld my signature from the bill, petit
tons signed by more Than three thousand
prevail. But in Justice 10 those persons, am
forced TO the conclusion, that their signature
was but the hasty expression OF wish for
some legislative action, in promotion OF the
cause Of temperance, rather than an indica-
ton of approval, founded on careful examin-
alton of the features of the bill.
The great number and importance of the
objections which the bill presented, have
forced me, in commenting upon them, to ex-
tend this communication 10 FAR greater length
than desired. But do not feel at liberty
to leave the subject in which the whole COM
munty have so great an interest, without a
frank expression of my deep seated convic-
ton, that this, and all kindred measures, for
the suppression of iniemperance will prove
! abortive. While l admit that restraining
influence may he exerted, by JudIcious, whole
some laws, regard il us perfect truism,
that the community cannot be compelled 10 be
temperate; and that every step, which is ia
ken IN This compulsory process, is plunging
il deeper and deeper in the abyss of intern
perance. What has been the effect of our
! present law, which, when passed, was 10 be
/ The papacel for this great evil; All ADM
! that incompetence has increased under il, but
it is claimed 10y its friends, that the law hast
ouly failed Of its object, for want of evidence
on which 10 procure conviction men, they
say, will not testify against those who sup-
ply them with intoxicating drinks-that they
suppress and deny the truth for their protec-
ton. What a striking admission is this, OF
the futiliIy of such forcibe means-an ad-
mission that il has driven thousands to coun-
tenance-to encourage-to perpetrate putju-
~, while at the same time, il has given them
increased determination and facilities, 10 in
dulge in their cups-an admission that men
! will be driven TO an extremity, rather than
| yield forced surrender, of what they re-
/ gard their rights. This almost universal
| rule of action, with individuals, coRmuni-
ties and states, has been entirely overlooked
/ in all these measures. Another most con :
| elusive evidence, that this system is wrong
may be found in The, fact that portion OF
is advocate, in their efforts TO sustain It,
have become so obtuse in their moral per.
cep,ions, as to league together, for the open,
public purpose, of practicing frauds, and
holding out fslse preiences, to procure yio-
lations Of the law, so that they may impose
| ITS penalties. a great reform cannot he &C
complished, by means, which require such
aids, neither is Ii safe in the hands of these
who will resort 10 them.
| object, then, 10 The whole system of leg
l>lation of which this bail forms a part, be-
cause, not being enforceable, it cultivates a
general dlsrespect and disregard Of law be-
cause it weakens the moral sense of the com
munI!y, by inducing one class TO wink at
The suppression Of truth, TO encourage false
hood and even perpetrate perjury, for the
purpose oil evading lis penalties, while it in
duces another class TO defraud, deceive, and
hold out false pretenses, that lis penalties
may be imposed--and finally, because, while
IT does all this avowedly for the suppression
OF nlemperance, il in fact increases il, by
giving force and energy 10 mans natural in
clinalion 10 indulge his oppidity or his appc
lite, IN selling or in drinking, without impo-
sing any effeclua restraint.
Instead, therefore, of pressing onward in
| these extreme measures and aScribing the
failure of each to the lack Of one, still more
extreme, while tie community are sinking
| deeper anu deeper in inemperance and 9th
er vices, is IL moi tins 10 pause and candidly
consider, whether The whole system is not
founded in entire ignorance or disregard oil
the motives which universally control human
actions? And if thus radically wrong
whether it can be so perfecthed in detail, as
to produce favorable results.
l return the bill, with these, my obiec.
lions, 10 the House in which it originated
JOHN w. DANA.
COUNCIL CHAMBER,
May, 1850
! FRUIT-THE PRoSPECT. We observe by
tho p,ners from varioux loraliticS hoth so,,ih