The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-03-12
The Maize Law Again.


lSOhsututiOudl, 10 6SntIdhy COuCtlNcu W w
Eperfect fgzle, and supposing from; your re-
marks OF yesterday that you were not as well
posted in reference 10 the enactments in ques-
ton as you ought to be, / take the liberty Of
presenting you with a copy OF that law, tor
gether withan appendix of its practical work
lings, hoping that you may give your readers
occasional items, for am very sure that it
will be of interest, as well as importance,
TO our citizens.
Ishall attempt 10 offer few thoughts by
way Of correction; for it seems 10 me that
you have'go into the fog, and ! think that
unless you can see more of the shore, that
you had better''tie up and wait until the
inists have passed away. H4Fi
Honesty would suggest TO you and j, that
I the Government Of this great country, is less
liiable to err in Judgement thar ourselves, and
it may be as well 70 admit in the start, that
Itheif siitutional constructions, arc q little
ahead Of our own: presumptive evidence
would be in their favor at least, and when
authority such as gave you before can be
had from the records of the Supreme Court,
our great notions as to what is constitution
al or what is not, should not be forced upon
community with the dignified air and bear
ling Of a country schoolmaster.
Inthe adoption of a law for the protection
of the Territories, the fundamental princi-
pies of government were recognized, that OF
protection to its citizens. The provisions of
the act guarding against tie introduction
therein Of any "Spirituous Liquors" is evil
dence of ITSELF for it is fact coroborated by
American history that wherever this has been
introduced, the Indians scalping knife and
tomahawk has been red with the blood of our
citizens. To guard the lives and the proper
ty of our citizens it became necessary to
frame such law. Fine, confiscation, and
entire destruction of all such property as had
in ii only the elements Of death was not too
stringent, for the policy then was as it is aog
in Ohio that the article SO fraught with dis
cord and ruin, family and political brawls,
should be removed and the panders to hui
man PASSION Brought Immediately TO jus
tioe in that case the voice of the people
was unanimous; but when we ask of the
state government, that our homes and hearts
and every relative of life should be protected
against an evil, more to be evaded than tht
red savage, an evil which steals away from
our fresides its best treasures, and makes
home desolate, and cheerless and ruined, We
are told by mcn-by American citizens tina
it is unconstitutional. But this is not so
life, liberty, and the pursuit of happiness il
|guarantied to us by our law of rights, ant
every system of politics, every usage or Gus
tom in society which interferes with any o
these can and ought to be removed. But yor
say that the Maine Law interleres with
mans rights; in what way does it? As ar
American citizen, have no right TO pursue
amy calling injnrinns 10 my neighbor--I have
no right to do any thing that shall be an in
jury to myself. Aman may dam up a stresn
running through his farm until it becomes {
lake or even sea in magnitude, and having
, the right to do as he peases with and upoi
his own property, he tears away the barrie
and permits tn, torrent to sweep on in 1T
terrible course Of destruction and DEATH
But can you suppose for one moment tina
in the exercise Of this his arrogated right, th'
laws of humanity-the laws of our country
would not hold him to strict account?
But you say that under the provisions o
the Maine Law, a man charged with selling
liquor contrary to law, cannot have the priv
Hedge of being tried by a jury, except in cas-
es OF appeal. suppose there is no need o
Jury when the whiskey barrel can be bro
to witness against him. What better evi
dence can any man ask that the law has beel
violated than the production OF the yer,
! thing itself. Isuppose that ifa large amour
of counterfeit money was found in a man
pocket, and that proof was given that h
had actually circulated some Of the bogus
that there would be no reason in enpanellin
a jury of IL men to prove that which is in
falible.
i You say that man under the constitution
should have his trial by an impartial jurJ
j and Iacqueisce, and then in subsequen
paragraph youare down on the Maine Law
on all fours because it provides that no liquo
seller shall sit on jury sin any action aris
ing under the law" Now do not wish 1
I question the motives Of men, but suppose
J that a jury of liquor sellers who as matte
J, Of course, if they were honest men would b
! preiudiced in favor of their business, conse
i quently could not, or would not, be impar
tial Our judgement is generally biased b
our interests. AZ ~
!, But you proceed thirdly; "by the Main
: Law, no action Of any kind can be sustaine
in any court, for the recovery Of liquors o
their palas )" now the Maine Law decides in
toxicating liquors to be paluslcss, and as sue
there is no need of any action in court. tha
intoxicating liquor is worss than nothing re
quires no proof.
But admitting it to be Of some value, tn
constitution would not be violated il itwer
! destroyed, for the reason Athat ii is not take
for public ,tss;" but destroyed for the publ
safety. That part of the constitution fequiI
: ing "a compensation for the use Of privat
property is Of no force because liquor can
not be heldas property. Youwill not con
tend that society has noright to protect il
self against every evil even If it makes Gel
I; tain private property "contraband? Sup
Flpose a man invests $500 in plates by whic
he can counterfeit bills on the State Bank d
Ohio. Will the law allow him to keep an
use them = but on the contrary will 1t no
, destroy them, and then give him stripe
jackcoat and pantaloons TO figure in for
term Of years. Does the Stale make hin
: anyiemuneration7 The same principle ma
be applied to gaming tables ETC., etc. y
You consider this "blue law" but per
nit me TO suggest, that we have had laws Q
: that character long enough. and we intend i
4 do away with the "blueings system altdgeth
1 Ter. Yours etc.
al We have uiven onrs friend the fnlI henefi