Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1852-01-23


,wo on the same subject In an article occupy
;ora little over column; the writer has taken
,so-and only two-positions, and they are both
erroneous. But he has got to the proper place
to begin the discussion of the principle OF the
Maine Liquor Law-the power and the duty Of
me State 10 prohibit the sale Of sprituous liquor
10 be used as beverage, and if necessary, to de-
stroy them, and to punish by fine and imprison-
msn,, those who keep them FOR sale or sell them
in violation Of law.
The two positions Of the writer in number
three, are: Ist. That the law making power
has not the sight or just authority 10 say to him
wbo desires to drink spirituous liquors, "your
idea Of the propriety Of drinking spirits in any
quantity is absurd, and not TO be tolerated; we
cannot permit any such useless and runious hab-
its in you we shall Preventany liquor from COM
inc into the State for your use we shall burn it
fit does come, and punish him by fines and pris-
on who enables you 10 CRAFTY your appetite. |
ask with the greatest earnestness is this the
proper prerogatve of the civil power?'
And End That a great good would be &C
complished if the laws should Danish every drop
Of spirituous liquors from the State, and thus
exnguish the mischiefs Of drunkenness, but
another thing is also true, that is, by SO doing
YOU would lay violent hands on the GIRL rights
of all the rest Of community, except drunk.
ards"
These positions arc presented in language al
once sympathetic and pathetic, but striped o.!
these qualities they eqnivoien, TO saying that
the state has no right to pass laws TO provide for
the general welfare of its citizens, AMI thereby
prevent poverty, degradation, ignorance. wicked
ness and crime The writer co!niounds the law
making with the civil power, or uses the terms as
synommous, and claims for members of commn-
nifty, except drunkards, cir,l rl5htS which they do
not, or ought not 10 possess. The law making
power of a state, is the legislative power. The
civil power is the sovereign power OF the people
acting in accordance with the provisions Of the
social compact, or constitution and laws OF the
State and OF the Nation. Civil rights are the
rights secured to The citizen by the constitution
and laws OF the country
will proceed now TO the discussion Of the
two principal points of controversy b tween those
who are in favor Of prohrbalory law, and max
ing ts violation penal offence, and those who are
in favor q. no law, or license law in relation 10
tie sale of >pirituous or Intoxicating liquors
beyeiage FIRST, has the State the power, and
second, is il the duty Of the Stale to prohibit by
law the sac Of intoxicating liquors as a beverage.
and TO punish by fine and imprisonment those
who violate the law.
lst The power Of the State Il there any
prohibition in the constitution Of the U. S. or OF
tile Stn,e Of Wisconsin? The opinion of the
Judges Of the Supreme Court of the u. S. in
the Massachusetts case, ought be satisfactory
in relation TO the constitution of the u. s. That
ownon wa' founded upon the facts that the pow
cr to regulate the sale of liquors was not Civ
en- or dclceat'd to the u. S. by the constitution
and that "Ihe powers not delegated to the L. S
BY the constitution, nor prohibited by it to the
Safes, are reserved to the States respectively, OF
10 the people"
Then, as this power belongs to the States, or
the people, will inquire if there is any thing in
the constitution of the Safe of Maine or of Wis
conNlr, either as Legislative prohibition, or as
declaration Of rights belonging to the people that
ought to prevent legislation on the suhj"ct And
! answer there is no more state Constitutional
prohjblion than there is L. S. constitutional
prohibition, and that both constitutions, leave the
people Of the state at perfect liberty to pass, thro
the Legislative power of the State, any law on
the subject they may think bcs, in order to pro-
mote the general welfare
Its said, however, that if the laws should
Danish every drop Of liquor from the State and
thus extinguioh the mischiefs Of drunkenness
in the bnd Of their existence, or rather before
they have an existence, they would by so doing,
lay violent hands on the civil rights of all the
rest of community, except the drunkards. But
civil rights exist only as they are created by
the constitution and laws Of the country, and as
neither the constitution Of the L. s, nor the
constitution Of the State makes seii:ngand drink
ing liquors civil rights, they can be So only as
they are made so by the laws Of the state. This
State and the State of Maine, have passed laws
and perhaps all the states hayc-authorzing
the sale, and by inference the drinking OF spirit
nous liquors and thereby created the civil rights
or civil wrongs 10 do SO. But these laws arc
not like the laws Of the Nodes and PcrSians, but
are subject to alteration and repeal And when.
ever they are repealed the civil rights or priv.
legs conferred Ly them are abrogaIed with them
and can have no existence after the repeal Of the
laws which created them.
But it may be said that all men have natural
rights-certain j'alieuable rights-amonE WI eli
are, not only lite, liberty, and the pursuit Of hap.
pncss, but also the right to eat ana the right &c
drink any thing they please, and in any quantity
they desire That is the night Of every man tc
Judge for himself what he shtIl eat and what he
shall drink, and that no one has the righ, to mo.
lest him or interfere with his eating or drinking
IS much and a, often as he p'ea,cs. TliS is the
strongest position which the opposers ofIcgi>a.
tive prohibition can take, but it Will he found NJ
on examination to be equally as fallacous as the
others
Man has natural right to eat and drink 20
h,,,,r,r ~ -, So.