The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-09-16

to ascertain the meaning which is to be attached to
ambiguous or doubtful sentences, when such occur in
eonstitutiOn. shall, therefore, avail myself Of this
mode Of examining the second part Of what Is called
the Liquor Clause In our State Constitution.
Our old Constitution was silent on the subject Of
the liquor traffic, well as all other OF the different
channels Of business and the legislature therefore,
when il first introduced the license system, il has
been called did 50 under its general power to guard
the public morals and happiness, and il it were need
full TO effect this to restrain in their otherwise
inherent rights to an extent sufficient to attain the
object sought.
ton, the liquor traffic was under system Of partial
restraint based upon the admitted fact that It's unre-
strained enjoyment was incompatible with the well
being Of society. Unlike all other avocatiOns, the re-
tail Of intoxicating drinks was confined theoretically
to those who could satisfy courts they were men
Of sufficient moral character to be entrusted with
business so dangerous to the public peace.
There were, however, in this State, large and re.
pectable body Of citizens who believed that our Gen.
era Assembly had no right to debar any one from the
free exercise Of any business in itself right, or to
legaze a traffic II that traffic was WrO2g.
They believe the liquor traffic came under the lat
ter category-that it was wrong but as the broad
seal Of the State gave to the traffic quasi respecta-
bilty in the eyes Of many which its own merits did
not deserve they pettOned the servants in the Con-
venton to take from it the protection thus afforded,
and leave it to stand or ia in public opinion by its
own unassisted efforts and the benefits or evils which
followed in its train. In accordance with their pet-
tons the clause now in the Constitution adopted
by the Convention, and especially ratified by the
people.
ydes that no license to traffic in into Iicatng liquors
shall hereafter be granted in this States but the GEN.
eSal Assembly may by law provide against evils re-
sulting therefrom." And 1t is upon the peculiar
phraseoogy Of this latter clause that it is claimed the
disability Of the Legislature to interfere with the
manufacture or sale Of Intoxicating liquors arises.
Now the old law was, license the mischief was
that this license conferred respeCtabty on this traffic
which its intrinsic merits did not warrant, and the
remedy sought to remove this bastard respectabiity,
and leave the traffic to stand fall it might COM
mend itself to public opinion, merit its reprobation.
And the advocates Of the measure must have been
double distilled idiots to concoct and labor through
entire winter to procure the adoption Of measure
which would remove the slight restraint gigantic
evil already existing, and at the same time place
nseparable barrier to the substitution Of any other
retraning power. Still, If they have done SO, they
/ must abide the event.
l deny, however, that such is the case; and shall
endeayor to prove that l am right in that denial.
II 1t will be admitted, suppose, that those words
mean sOmething-that they operative and confer
N some power to extent on the General Assembly
II Of Ohio Now assert that unless they confer the
Legislature the entire control Of the traffic. far
restraint is concerned, they have operative effect
at all perfectly nugatory, and from their general
II y, and if may coin word, in tangbleness are as
H IL they had never been.
"May provide against evils resulting thereiOrm. .
Now, suppose with the Enquirer, that the ante
cedent Of these evils is the "traffc." IL cannot be
"license"-that is abolished; and, if you take the
words "intoIicating liquors" for the antecedSnt, it
amounts to the same thing as the word "traffc" in
this connection.
H 1t is the "evS resulting from the traffic in intoxi.
eating liquors" therefore, which the Legislature is
| empowered to provide against by law. But what
| druT kann hnvy hv
drunkArd You have always done that since liquor
H was invented Or must the Legislature confne it
self to providing ails for the eons, asylums for the
unatcs, poor houses for the paupers made ieons,
unatics and paupers by the "quor traffic 7" There
II was necessity for special provision in the Con-
stitution to enable the Legislature to do that They
II have been doing it ever since Ohio was State.
How then will you make these words operative and
II give them 4 vitality for good By giving them a
II common sense eonstruction-one Commensurate with
the evils to be provided against, and which will
protect society," against being made felons, paupers
and lunatcs-Shut up the manufactures Of these ex
cresences on the body polite, and the effect"
II by destroying the Cause" II the liquor clause in
the Constitution does not mean this, it means no.
thing and 90 thought those who adopted it as part
Of the Constitution. Among ell the members OF the
convention who spoke on the subject, but one (Mr.
Il TSyor) claimed that the clause under consideration
would restrict the Legislature in future from legsat
ing against the traffic. He supported it originally on
that ground but on hearing the debate, and, as he
says himself being told that they he friends Of the
meaSure intended to go before the legislature and
/ agtate for the prohibition Of the sale Of intoxicating
liquors." (see vol. Convention Debates, page 7l6,)
Il be withdrew his support, and voted against t-Mr.
/ Mccormack, Mr.. Nash, Mr.. Stanton, Mr.. Lawrence
and others, in favor Of the law; and Messrs Reemen
Il ArchbOd, Sawyer, and all who opposed the law,
/ incided on one thing, viz: that the clause taken
together would leave pOpsr in the Legislature, il it
was thought expedient, to utterly abolish the traffic
1t would be easy by extracts from these debates to
show the unanimty Of the supporters and opponents
/ Of the measure on this point; but 1t would extend
this article TO too uncOnsciOnable a length. ] hope
you will indulge me, however, in giving extracts from
the speeches Of two Of its most strenuous oppOsers,
(MeSsrs. Reeneln and Archbold as they are curious
as discovering before hand what would be the effect
oi aboishing license, upon public opinion, and paw
ing the way for the final extinction Of the traffic
Mr.. Reemein says, (page 721)--" And these temper
ance men not shy about telling us their objects
they know that II we repeal the license laws, liquor
selling will become common, and that the land s0iH
bsfAsd Uith crime consequence; and then, hav-
ing clause in the constitution which permits them
TO eglslate against the evils resulting thereirom heir
own provision having produced the evils which they
desire for eect) they will be ready, by penitentiary
clauses, to suppress not only the traffic, but the za
yaetErs. They want cause for a general law to
suppress the traffic throughout the State for they
could set up az ;TTesistGbh claim for such law, on
account Of the necessity to sspprsss crime"
MI. Arehbod (page 7l7,) says, i" Rum, brandy,
II spirits, will flow from ten thousand fOuntains--win
DO Tetailed from countless hotels, all over the land,