Daily American telegraph. [volume] (Washington [D.C.]) 1851-1852, 1852-04-15
The Maine Liquor Law.

WASHINGTON CITY hnickerbocker
The Maine Liquor Law.
I'VE quote the following article from the columns of the
National Era where it appears EDITORIAL though not
from the pen Of the permanent editor who is at
his post. 1t is purpose to offer in day or two some
upon it. N.. g#s- ...
The tide is against it, In some of the Legis-
latures that have been engaged upon it, it has
been defeated, in others it drags. Within the
last week the general election of Connecticut
has gone constructively against it. and the
Pennsylvania Legislature, after cutting it down
to a thirty 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 prohibitory legislation rises, has
scarcely an equal either for Importance or diff
fculty. If the function of political govern
ment is so clearly known as to fix its jurisdiction
and limitation in this direction, it has certainly
not been so simplifed and demonstrated as to
serve for popular creed and criticism in the dis
cussion. The debate has kept ends and objects
very clearly in view, for both parties that are ac-
lively in the field see immediate results plainly
enough but the ethical and governmental
principles concerned in the contemplated legal
enactments are not SO plainly and effectively
arrayed as 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-
bition 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 furtheranee of right
may be plain question in the conduct of pri-
vate 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 lurk, even in the present
license laws; but this is not clear The power
to regulate often means the power to prohib bit;
but it rs often signifies the patronage and nur-
sing care Of the subject-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-
liminaries to the issuing of diplomas alike to
lawyers, and rum-sellers." Not
the mischief inherent in these various avoca-
tions, but the supposed necessity for the most
careful and competent functionaries, and the
avoidance Of the avoidable abuses that hang
about them, may be inferred from one as we'll
as the other Of these instances. The words of
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, the
issue is made up on the point, Is alcohol poi
SOM The Tribune, for instance endeavors to
make this the question, with the opposition.
But it seems to us, that even if the affirmative
were granted by the enemy, the battle is not
nearly ended Poison administered with the
intent to destroy life-with that as the end
with the legal malice aforethought, express or
implied, is proper subject for prohibition
and punishment, in the principal criminal and
in the accessories before and after the fact.
But the proposed prohibitory law covers the
sale and use in cases where this deliberate pur-
pose of destruction cannot be supposed; nay, so
long as there are any who can drink very mode
rately and manage to do 50 for years together,
they and those who might manufacture stimu-
lants for their use, cannot be supposed to be
even Indifferent to the evils of the ordinary
traffic, at least cannot be put into the category
of criminal negligence, so as to bring them
within the sweep of legal penalties, under the
principle that holds the keeper of vicious
dog and the workman who throws billet Of
wood into crowded street. responsible for the
resulting mischief.