The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-03-13

appeal, he shall pay and suffer double the amount
OF fines. penalties, and imprisonment awarded
against him by the justice or judge from whose
Judgment the appeal was made All forfeited
bonds are to be put in suit at the expense and for
the USE OF the city town in which they shall be
forfeited
ANY person manufacturing spirtuous or intoxi-
eating liquors, or any common seller thereof, I'M
less he has been duly appointed, shall forfeit the
nrst conviction 300 and the costs of prosecution,
and, In default Of payment, shall be imprisoned
sixty days in the common jail;' and, on the Sc
cond conviction. he shall forfeit $500 and costs,
be imprisoned four months in the common Jail, and
SO on for every subsequent conviction. All cases
arising under this act are to take precedence in
court OF all o6her business. If three voters shall
make complaint that they believe spirituous Ii
quors are hidden in any house other place, for
sale, the same may be seized and carried OIL by
the police or others having authority. II the
OF the liquors thus seized can prove that they
not purchased Tor sale, and he can show by posi-
tive proof that they had been imported under the
laws OF the United States, and that they con
tanned in the original packages in which they
imported and III quantities not less than the United
states laws describe, they shall not be destroyed.
But II he cannot show all these things, they shall be
destroyed; and the destruction thereof is to be
presided over by judge or justice. If the owner
OF liquors SO seized be unknown, he do not APP
pear In due season. they shall be advertised, &C.,
for certain season.
"Any mayor, alderman, selcCtman, deputy, or
constable, &c, may enter amy tent, shanty, hut,
or place OF any kind for selling refreshments in
any public place on or near the ground of any cat
tie show, agricultural exhibition, military musters,
or public occasion Of any kind, and seize any in
toxicating drinks he can find and take the keep
or or keepers OF such place. forthwith before
police justice with the liquors 80 found md seized
and upon proof that the latter intoxicating
they shall be destroyed, and the vender vendors
imprisoned for thirty days. Under this law, no
payment need be made for any amount Of liquor,
&C., that can be obtained-no payment, whether
In money, labor, or other property; and all sales,
transfers, and conveyances, mortgages, liens, at
tachments pledges, and securities of every kind
account Of spirituous and intoxicating liquors,
shall be utterly null and void against all persons
and in all cases, and rights Of any kind shall be
acquired thereby"
One provision is omitted in this abstract,
namely, that declaring that no person engaged
in the traffic in intoxicating liquors shall be
competent to sit upon a jury in any case arising
under the act. The Massachusetts, bill goes fur
ther than the Maine law in the matter of penal
ties for violating this act, nasmuch as it requires
the offender to give bonds in the sum of ST. 900
that he will not violate the law within one
year from his conviction. The Boston Journal
says:
"The Maine law authorizes the officers to search
for liquor upon the complaint of three voters. The
Massachusetts, bill requires the complaint of but
ttoo voters to authorize search 1t also allows the
implements of traffic to be used evidence against
the person suspected. The Maine law requires, in
order that dwelling house may be searched, that
at least one person shall testify TO some act of sale
Of intoxicating liquors therein by the occupant or
by his consent or permission. The Massachusetts
bill allows a dwelling house to be searched upon
the oath or affirmation of one Of the complain
ants that he has TO believe and does be-
heps that such sale has taken place in said house.
In the of persons arrested for selling liquor
public occasions, and appealing, the Maine Law i'm
poees an additional penalty of $40 to the origi-
nal sentence, imprisonment for 30 days,) in case
the complaint is sustained The Massachusetts
bill requires him to give bonds to pay all fines
and costs which may be adjudged against him"
Much may be said, we think, against the
right-right, properly so called-of legsla-
ture to legislate in this manner. The power
they have, of course; but 10 concede to them
the right is to concede that they may Iegu.
late religion, politics, food, dress, hours of
sleeping, waking, and working-every thing,
in fact, which men in free country are
inclined TO regard as within their own pc
culiar jurisdiction. To say that intoxicat-
ing liquors are poison, and that their sale
should be regulated closely as the sale
of arsenic, is begging Of the question which
we are unable to respect. 1t assumes as ad-
mitted the very consideration which all but
total abstainers strenuously dispute. We
have no intention Of discussing the question as
thus presented, but surely we may without i'm
propriety submit that il has two sides, and that
the weaker side has no right TO seek assistance
from the legislative power to compel the
stronger side TO surrender. There are persons
who imagine that certain theological and
political theories are incompatible with true
religion and social order but it would
sound oddly in republican ears if it were ser-
ously proposed to burn or hang all cherishing
the notions or systems alleged to be heretica
Government would have no right to burn or
hang them, but quite as much TO do either for
opinions sake, as to fine, imprison, and out
law parties who sell an article which large
portion of the community use habitually as a
beverage. In some quarters, we know, an abo
ltionist is held to be as dangerous an enemy to
social peace as tavern-keeper; and all that
Government can rightfully do in relation TO
either is to provide that he shall not convert
his calling or his creed into an excuse for in
fringing upon the privileges of those about him.
1t takes care that neither shall thrust his doc
trines or his drinks down other throats than his
own, and we do not see that it can properly do
more.
There is another class Of considerations in
reference to the expedency Of these laws.
Are they likely to effect tho object aimed at ?
Is there reasonable probability that they will
be respected by the community, and carried
out fully and equitably? A negative seems the