The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-04-15
THE MAINE LIQUOR LAW.

has gone constructyely against IT, ana the
Pennsy lvania Legislature, after cutting it down
to thrty-gallon law in the Senate, has killed
it on the first vote in the lower House The
movement is one of surprising interest. 1t
would be hard to find subject of greater mo-
ment to the community than the special one
involved; and the broad principle into which
the proposed prohbitory legislation rises has
scarcely an equal, either for Importance or diff
fculty If the function of political govern
ment is 80 clearly known as to fix its jurisdiction
and limitation in this direction it has certainly
not been so smplifed and demonstrated as to
serve for popular creed and criticism in the dis
cusson. The debate has kept ends and objects
very clearly in view, for both parties that are &C
lively in the field see immediate results plainly
enough: but the ethical and governmental
principles concerned in the contemplated legal
enactmcnts are not so plainly and effectively
arrayed they must be before the question
shall be finally settled, and the public mind at
rest in such settlement.
A large party of the friends of legal prohi-
biton of the traffic in intoxicating liquors, con-
tent themselves with the reasons to be found in
the evils of intemperance, and the infinite good
promised in its suppression. This is ground
broad enough for reformatory association and
moral suasion; but the matter of legal coercion
rests upon quite other considerations. Duty in
the restraint of wrong and fnrtherance of right
may be plain question in the conduct Of pri-
yate life but in the exercise of authority over
others, it is admitted that adequate powers do
not always accompany the highest and noblest
! aims. Providence waits upon the world in its
wretchedness and wickedness, under necessi-
ty that arises out Of the constitution of things
Civil government stands as the agent and ex-
ponent Of that Providence to the People, and
must be wise both in doing and forbearing, if
it could be successful to any good end Not
every immediate good which might be en-
braced by pains and penalties is therefore to
be put upon the statute-book of the State
Temperance men are not ignorant of this, and
they do not overlook it in their advocacy of
the cause But have they hit the heart of
the question
General consent and the authority of prece-
dent are cited for the principle of limitation
which is supposed to Turk, even in the present
license laws; but this is not clear The power
to regulate often means the power to prohibit
but it as often signifies the patronage and nur-
sing care of the sub jcct-matter. The exercise
of the learned professions and the powers Of
public Office, are forbidden to all but the select
and elect, out of solicitude for the best minis
; try in them. Good moral character and the
; appreciation OF an examining board are pre-
limnarles to the issuing of diplomas alike to
physicians, lawyers, and rum-sellers" Not
tho mischief inherent in these various avoca.
tons, but the supposed necessity for the most
, careful and competent functonaries, and the
avoidance of the avoidable abuses that hang
about them, may be inferred from one as vel
AZ the other Of these instances The words O
) the license in all the cases authorize the prac
:. tice under it, and are fairly construed to ap
prove it,
Among the most able of the friends tn
> issue IL made up on the point Is alcohol a Dol
son The Tribune, for instance, cndeavors t
'. make this The question, with the opposition
s. But it seems to W., that even if the affirmaty
!, were granted by the enemy the battle is nc
: nearly ended. Poison administered with iii
/. intent to destroy life--with that as the end
= with the legal malice aforethought, express @
l. implied, is proper subject for prohibitio
and punishment, in the principal criminal an
;. in the accessories before and after the fac
). But the proposed prohibitory law covers tn
. sale and use in cases where this deliberate nh,
! pose OF destruction cannot be supposed; nay, $
. long as there are any who can drink very mode
=: rately, and manage to do so for years togethe,
!, they and those who might manufacture stimu
, lants for their use, cannot be supposed to
even indifferent to the evils of the ordinar
traffic at least, cannot be put into the categor
of criminal negligence, so rs to bring then
within the sweep Of legal penalties, under tn
5 principle that holds the keeper of vciou
dog, and the workman who throws a billet O
+, wood into crowded street. responsible for tn
resulting mischief
We say that the argument from legal preee
/ dent fails from defect of parallelism in mate
0 rial points between the cases
: We do not say that the doctrine of prohib
ton as proposed in the Maine Law fails 70
want of legal principle. or social justice. w
; are only saying that it has not yet been clear
-; placed upon the principle which must supper
it. And on this point we wish also to say, tina
, 1t ls not enough that the highest legal tribu
nal in the country has decided that Stat
!. laws prohibiting the traffic are not contrary I
+ the Constitution of the Federal Government
. Only some things held to be inconsistent witt
the reserved liberties Of the People are forbid
den by the National Constitution to the States
: and so protected from abuse The question
; still remains. Is it right in point Of Srincipl
and policy whether constitutional or not
), The world will be wiser by the time this prob
t, lem is solved, and the solution is received an,
y Incorporated into the system of political sci
!, ence.
4 The right of sclf.protection is not surrender
= ed by the individual to society but it is on tn
. contrary largely re-enforced from the reciprc
cal life of the Commonwealth. The virtua
J unity Of all the members Of society in one pc
litica person, brings the legal right to the SUP
$ port of the moral duty of protecting our neigh
; bors as ourselves; and we are strengthened an
enlarged in all our rights and duties concern
! ing ourselves and our fellow men. The protet
. ton of rights and interests against wrong
doors, by whatsoever means are necessary an
expedent is not questionable; but the dstanc
into the moral and snrituai life of the indiyic