Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1853-05-19
The Maine Law.

State Temperance Convention IN Connecticut
bv a committee of which the Hon. Thomas $
Williams. late Chief Justice Of the Supreme
Court was Chairman. We concur IN the opinion
Of the Life Boat in the columns OF which we
find this document, that the matured opinions
of this Heightened iurlst, SO widely known and
esteemed for his sound discretion, his eminent
legal at,ainmonts, his private life, are worthy Of
the careful consideration of those who are DELHI
Grating or legisatnr on This subject"
We select from the report, which we have not
room to insert entire only such portions as are
most pertinent to the present state of the discus
sion.
The object Of the Maine Law was to remove
the temptation so constantly presented to the IN
happy victim Of appetite by keeping from his
reach and sight that which sllured him. and 10
second the efforts of those who had pledged
themselves TO total abstinence. and TO weaken
the appetite of those who would continue 10 in
dulge If they had the opportunity. Tins was
TO be done by simply cutting of the source from
which the supply was obtained, and this is now
well known by the appelation Of the Mime Lar
It contains no new principle, but in It's application
is entirely new in these States.
While this law has been hailed by one class
of the community as productive Of the best eff
iects, it has been by others denounced as novel
and oppressive, interfering with private business
telling men what fhey shall eat and drink, search
ing for, sezing. and taking away private property
without compensation. and violating rights secur-
ed by the Constitution of the I nlted States.
As to its novelty-the great principle upon
which the law Is BASED is perfectly familiar
1t is ths.--that society may protect It's citizens
against everything injurious TO the health, NOR
ais and happiness Of their citzens-and it Is the
occupation which will essentially iuiure these in
terests. To this principle every man is supposed
TO consent when he enters INTO society for the
protection he receives from it. Upon this prin-
ciple it is that trade or manufacture. IN itself
lawful, and greatly useful, may by its location
or the circumstances of the times, be suspended
or entirely prohibited
Nor does it form any objection to a law pro-
hibitng an act, that the parties Immediately IN
tcrosted consent to the act iorbldden.-'The law
will punish two men who 90 out TO fight, notwith-
standing their agreement. 1t prohibits the sale
OF lottery tickets though one of the parties wishes
to buy and the other to sell. The Insurer may be
subjected to penalty, although the borrower
at the time was ready TO assent to the terms ;and
the law lately passed IN nelghboring State, as
well ms in our own, against seduction is OF SIM
liar character. Both parties may be to- blame b It
the law bears with the greatest weight upon the
tempter, and be cannot set up as defence that
his victim was a willing one his plea would
Justify the keeper of a gambling house or a
brothel. The man who puts the cup to the lips
of the inobriate, or one inclined thereto is little
better than the man who leads the inexperienced
youth 10 the house of iuiamv or guides the bind
to the brink Of preclpice 1t must ever be re-
memberod that the parties to the violation oflaw
Of tft via
laiIon. Tho wives. children. the noehborhood,
the community each and all may have deep
interest IN the consequences II has been sud
that this Is IN It's nature a sumptuary law. nre-
scribng what man Shall eat and drink The
law puulshinr drunkednnss might be objected to
on that ground with which more proprlety. as
that does punish drinking to excess. But the
law IN question is not of that character. it leaves
the drunkari ns before. but It nterposes obsiruc-
tons in the way of the indulgence of his bens,lv
appeute. II says to ms neighbor Won shall not
AID him in his destruction. II is analogous to a
law to which we never heard any objection. the
law regarding suicide. The guilty PRINCIPAL is
beyond the reach of human law. The proposed
Law kindly considers the frailtv of human ma
ture and has due regard to the cravings of IN
dulaed appetite. Il comes TO aid rood resoln-
/ tons formed 1t oponrs its wing 10 cover from
the view of the victim of anDptltp the tantql Zinc
Gun. +, forbids the grtifce of the telnptcr. and
snatches the victim from the hands of avnrce.
Another obiec ion has been stated that lio-
uors are property, and that property cannot be
taken away from the owner without compensa-
ton That property may be forfeited foy the crime
of its proprietor, has been a common opinion from
the earliest period and BY the laws of the cuun-
I try from which we sprung every felony was pm
/ ished by a forfeiture Of goods and chaltcls And
4 IN our own country il is a common, and frequent.
/ ~ a most appropriate punishment. Thus, where
there is an a. tempt to evade the payment Of du
ties, ships may be entered aud searched. and
goods seized by the Collector. and houses may
be entered under a search warrant and goods and
merchandise seized and forfeited
So by the Embargo law, and the law prohb
ting the Slave Trade not only were masters an,
owners subjected to punishment but the vessel.
might be seized and forfeited. So provisions or
the way to an enemys country IN time of war
were subject to a similar fate and ourown stat
utes have many such enactmerts. lIorses run io
wager may within six months be sliced and for
feited. Fish.nets used contrary To law. declare,
a common nuisance may be seized and forfeited
So, too, by recent smtute, vessels and boats use,
for taking of oysters mly be seized and for
fcited, to say nothing OF the law for seiznr am,
destroying obscene books. We know of n,
claim sci up in court that seizure and iorieitur,
under these laws was Unconstitutional. or wa
i'm violation of the prlurinles of rl,rht n,nch le..