New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-05-21
MASSACHUSETTS.
The Maine Law-veto Message.


| To the Pye,idcnt Of the Senate:
SIR: A bill entitled San Act concern
ing the Manufacture and Sale of Intoxicating and r
| ituous Liquors." laid before be the l4n inst
for my revision. have duly considered the measure
and now communicate to the Honorable Senste the Oh
jections entertain 10 its passage The will OF ths
people Is usually expressed through certain orgapiza
tons called Government The harmonious and llcicn
action of the Government is based upon the concur
of the moral political and physical power OF The
| people Ii only two Of these powers exist IN
reference TO particular law, its influence is proper
tonally weak. When our laws are based upon the
| Constitution, and in harmony with well settled princ
Piles OF public policy they need no popular approval %
give them validity and power Tney res' on the ad
mitted moral and political Judgment OF the people and
may therefore command the physic force OF the state
In the progress of events great and peculiar measures
may be proposed, whose value depends entirely upon
the popular Judgment and under such circumstances 1t
is undoubtedly wise in the Legislature to seek an ex
preston of public opinion. 1t is for this reason that In
States certain grave questions, the creation OF
apubc debt for example, are by the Constitution sub
med TO the people
The moral power of statute is greatly increased by
the free and decisive appreciation OF those VINO are 20 De
subjected to its operation When therefore, in addition
TO the importance of the subject egslated uoon the
act contains principles of legislation, or Is OF
doubtful expectancy stronger exist for ascertain
ing the public will
The measure before me is important, and contains
principles of legislation Is OF doubtful cxpediency,
and therefore with the Legislature in the pro-
prety OF its submission to the people Mere political
and physical force not sufficient 10 secure the
perfect or respectable administration of the law
Our experience as a State, ard as member of the
American Union, furnishes sufficient evidence upon this
point all safe and wholesome legislation must have
moral basis in the heart and minds OF the people.
More especially Is this true when that legislation inter
feres with the principles, controls the habits regulates
the morals Of men,
Whenever In reference TO great measures, II is doubt
full whether such basis exists the question should be
settled by an appeal to the people.
A.aOhI nnf a@NIft m
bill before me- the chief and sufficient objection to the
present movement lies against the manner of ascertain
Ing the popular will As point Of principle think all
great questions should be determined by secret ballot
There is no domestic question moro important than
ths The of the open ballot will divest the decision
Of the people of all moral power whatever. II Is no,
necessary TO consider whether single man even would
be overawed or Improperly influenced In ms ACTON
subsequent allegation that any men had been thus In
fuenced that the open ballet had been unavorable
10 full expression OF oninon would deprive the YER
dict of ts moral strength. -,
On the other hand decision by secret ballot would
be final If adverse to the law, Its friends could not
complain. The decision would be conclusive that the
people are not prepared for the measure and thus save
its adv from labors and contests winch
must finally under such circumstances aid in their dis
comhture.
should the law be decisively sustained by the secret
ballot ii would then possess moral well as political
basis on which to have fair trial
decision by open ballot may leave the law upon the
statute books, but necessarily shorn OF It's moral
strength ana am fuly conscious tnat IL cannot sta
upon mere political power and physical force Leg'la'
ton deals with they are. The province OF law
Is to render certain and secure that which the moral
judgment Gilman has approved and moral reformation
| has acquired.
| After careful view of the whole subject am
brought this conclusion That measure of this ori
cannot safely and permanently upon the mere &C.
ton of representative bodies of men-that It must have
the sanction Of the peoplehat that sanction must con-
tain the moral well political power Of the State
that de ion by open ballot would possess very little
| moral 70 va finally, that secret ballot furnishes
the only prc, of ascertaning the public udg
| ment.
| Two considerations have had great influence upon
! my mind. know of no Government, either despOtiC
or republican which has permanently succeeded in hm
iting the of Intoxicating liquors, except far il
sustained by the conscientious opinions and prac
| tice of majority of the people
And further, cannot by any process Of moral rea
sonng relieve myself Of the duty of resisting the pas
sage OF doubtful measure under such circumstances
that in the certain ultimate defeat which awaits IT, Is tc
be overthrown the cause il intended TO support
Guided in my course and in the reasons have pre-
sented by sense of duty TO the Commonwealth which
has honored me with It's confidence Respectfully
the act entitled An Act concerning the sale and
manufacture of spituous and intoxicating liquors" e
that department Of the Government in which il origi
mated. GEo. s. boutwell,.