The organ of the temperance reform. (Cincinnati, O. [Ohio]) 1852-1853, 1852-07-09
,RGAN OF TEMPERANC REFORM.
Things in Indiana.

Mr.. EDITOR lin the last number of the
F" Times" appears a letter over the sigma
ture OF A. g. HANNA, the honorable repre-
sentative Of Carroll county in the State
legislature, which coming as it does, from
so respectable a source, aud presenting an
apology for disregarding the expressed 0pin-
lOns, Of more than 100000 ciLizens of the
state OF Indiana, who asked for stringent
law, entirely prohibiting the liquor traffic,
Is deserving of passing notice.
We have been OF the opinion that the
Legislature Of Indiana, acted in opposition
to the best interest of the State and to the
wishes of a majority Of the people, in so
contemptuously treating their petitions !;
aud thereby continuing to themselves and
their constituents the glorious privilege Of
getting drunk, and to the rum-seller the
privilege Of poisoning his victims and beg
caring their families, and imposing on COM
'muniJy, an enormous tax for the the sup
port OF PauperIsm and Grimes and We are
glad we now have from SO high a source
the reason Of such legislation.
As to the objection tllat such law, in.
fringes the right Of trial by jury and the
right of appeal, we must say, we think our
honorable representative, is in the very pre-
dicament, he so kindly suppOses his cOnsti.
tuents to be in-viz tgROraRt of the prOvI-
siOus of the Maine law, aud we would most
humbly request him, to point out wherein it
infringes Ou the rights Of trial by jury.
As 10 tile right OF appeal, it is expressly
provided for IN Sec. Is Of the Maine law
Ii the opinions of chief Justice Savage, Of
New York, and of Judges StillwelI aud
ConYers of Ohio, and many of the most
eminent jurists Of our laud, are of any
weight, they show that there is no founda.
tion in such objections as these.
And as to extending the right of search
to dangerous extreme, it authorizes no
search more strict, than is already author
ICED, in the case of stolen or Cnntraband
goods, counterfeiter's dies, &c, &c, wher.
ever they are supposed to exist
Another objection is, it infringes the right
of personal liberty. If the legislature of
Indiana define liberty to consist in doing
Just what man pleaSes, regardless of all
law or obligations, we admit it does, and SO
does every other law for prevention and
punishment Of crime. But if Liberty, is
the right to do what is not wrong in itself,
or Injurious to his neighbor or the communi-
ty, then We say it does not infringe upon a
mans liberty.
"Civil liberty is defined, to be natural
liberty so far restrained as is necessary and
expedient for the general good" And if
the Maine law infringes upon this, so does
the law against blasphemy, against printing
and circulating obscene books and pictures,
against theft, adultery and even murder.
But our principal object in noticing this
letter, was 10 call attention to a new dis
cOvery, which our honorable representative
has made in The science of law. He says
" The object of Legal Enactments is more
for the purpose of Furnishing crime, than to
prevent it. 1t is the business of the moral
law, the preacher, the school master and the
press, to prevent crime by their teachings
and influence, and by moral suasion but
where these are laid aside. and mans duty
is attempted to be prescribed and enforced
by legal enaCtnents, so far as to prevent all
violations of moral law, and all crime,
such legal enactments, conceive, are an
Infringement upon civil liberty, and such !
conceive the Maine law to be-" Well, doc
tors will differ now let us hear what Black
stone, the great commentator on English
law, says!
"PreUeatioe justice is upon every princi-
pie of reason, of humanity, and Of sound
policy preferable in all respects to Punish.
ing justice" Again he says, " If we consi.
der all human punishments in large and
extended view, we shall fad them all rather
calculated to prsUent future crimes, than to
cxpiate the past Since all punishment in
alcted by temporal laws may be classed un.
der three heads, such as tend to the amend
ment of the offender himself, or to deprive
him Of any pOtceT TO do future mischief--Or to
deter others by his example, all of which
cOnduce to one and the same end, Of pre5eHt-
ing future crimes, whether that can be affec-
ted by amendment, disability or example"
Our honorable representative thinks entire
ly the work of moral suasion to prevent
crimes to oatlempt to do il by legal prohibit
ton is an infringement upon those rights
"our forefaLhers fought aud bled for"
If this be the " Democratic Republican
Government which governing least, governs
best" of which he speaks, why not throw
down all legal barriers at once, open the
flood gates of crime, and reduce us back to
the glorious state of savage freedom from
all legal restraint of any klud2
I as one of the constituents of the Hon
orable gentleman, who signed the petitions
for a stringent prOhibitury law, thank him
for the equivocal compliment he has paid
to our intelligence and good sense, in his
assertion, "they were doubtless not aware
of the provisions of the Maine law )" and
can assure him, that the qualifying expires.
sion with which it is accompanied, OF his
persuasion OF the purity of their motives,
will not go down.
We doubt not, but the mass Of the freemen
Of Indiana who signed those petitions were
Just as we'll acquainted with the Maine
law, as some of their legislators, and much
more capable Of exercising calm, unbiased
Judgment in reference to It's merits.
am conscious Of no other motive, in no.
ticing this letter, than to call the attention
of the temperance public, to the ground on
which their petitions were so utterly dlsre-
garded by the legislature and 70 let the
public know that in asking. for law SINH
lar in It's provisions to the Maine law, the
free men Of Indiana, were not set of dOLi
heads who were asking for thing Of which
they were utterly ignorant.
Respectfully, Yours,
VINDEX.
IPThe BaupOr Ne. Mercury learns that