Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1853-11-04

accuracy i'll the language and precision in the
details Of the laws and more certainty in
their administration. But Notwithstanding
these rcvisions. impcrrctions exist, and omis-
sons have unavoidably occurred. 1t will be
your duty to supply any omission and correct |
such impcrlcctions as your own acquaintance
with the laws and experience of others may
suggest. And it is with no ordinary pleasure
that | express the belief that the system of
laws under which we live is wisely adapted to
the wants and necessities OF the people. They
exhibit the result of the practical wisdom
and mature experience of the generations who
have preceded us; with rare exceptions they
may be characterised as cmincnty Just,
humane and liberal under them we have Oh
tanned our past and present prosperity, and
our institutions, whether literary, religious
or charitable have been reared upon the solid
foundation laid down by our ancestors in the
constitution and laws.
The early settlers Of the State. to escape
the persecution and intolerance of what was
formerly dcnominatcd 'rnE STANDING ORDER
and to avoid the payment Of an odious and
unjust tax for the support of II faith irrccon-
cilabc with their own, were compelled to
cmigratc to the then uninhabitcd New lamp
shire Grants, where they could enjoy unmo-
Tested their religion, practice its rites, and
propagate its faith. Accustomed to pcrSc-
cutinns in the place of their nativity, they
illustrated by their practice and example. the
advantages of uurcStmined liberty of con
science. and transferred into our constitution
and laws liberal spirit and II noble and in
gcnuous phiapthruphy. Succeeding to an
Inheritance, of such inrstimnblc value. it
may not be improper to inquire whether all
our legislation has been conceived in the like
spirit and characterized by the same libcrali-
ty. One of the duties required by the con-
stitution of the Executive is to prepare
such business as may appear to than neccs-
sary to lay before the General Assembly :"
and it seems to be implied that the REASONS
and motives. also, for such recommendations
should be submitted.
" An Act to prevent traffic in Intoxicating
liquors for the purpose OF drinking" has en-
gagged the attention and excited the feelings
of the community, perhaps more than amy
other legislation since the organization of the
Government. As the end proposed hv the
law is both moral and desirable. those who
doubt the propricty of all its provisions may
ut least he subject to the imputation of in
difference or being the advocates or apDlogists
of intcmpcrancc. Discarding. however. any
fear of the consequences which may attach to
the expression of an opinion honestly enter
tanned, propose, respectfully, to suggest.
rather than prove by argument, that several
provisions Of the law are of doubtful consti-
tutionaity, and eXpcdirncy. The duties
which are cnioinrd ON the Council of Ccnsors
imply an apprehension ON the part Of tn,
Trainers of the Constitution. that powers de-
lcgatcd to the Legislative and executive
branches of the Governments. may be unin-
tcntionally exceeded or through inndyrrtcncc
disrcgardcd. And experience proves. that
the public servants OF the State. when an ap-
parent necessity intcrcncs for its justtira-
ton, are oitcntlmc> more ready to enlarge
than restrict their power. An eminent
writer on the principles of our government
has observed. that .'Our legislators are not
apprizrd of the riShtiul limits of then
power; and their true office is to declare an,
enforce only our natural rights and duties, t.
take none of them from us
To say nothing of our natural rights other
than those enumerated in the constitution. il
will not, trust, be deemed unsuitable t,
enquire why it was necessary To subject the
=, yilt or sale Of what has heretofore been know
as property, which always has been. and nov
is. an article OffcOmmcrcr in every civilized
country. to highly penal cnactmcnts, unlcs
to infringe the immunity which the constitu
tuition extends over the - persons, houses
papers. possessions, and property" of ever,
citizen, hy Transforming an innocent if no
an Indifferent act into an offence ON which t,
institute the right of search Such lrgisla
ton certainly cNinccs II disposition to CONVEX
:, the right of acquiring, possessing and pro
tccting Irorcrty' which the constitution il
the first article of our Bill of Rights. recon
Mics as one of the natural, inherent an,
nalienable rights of every citizen" into III
an odous and disrcputablc crime. Tia,
authority to pass this law is undnubtcll,
claimed under the grant of power over til,
internal police Of the State how far thi
grant is restrained hy uthcr provisions in til,
constitution and what limitations are to b,
put upon the words " governing and rrgula
ting" it is unnecessary to inquire for, if i
were conceded that the fifth article in the BIZ
Of Rights cuutcrs the authority to prohibit
So, likewise, it gives the right to regulate tn,
sale and restrain the abuse Of any article q
property, and the question then becomes ON,
of cXpcdicncy.
An opinion prevails in the community tina
, the habits and tastes Of people may be ma
tcrially changed by legislative cnuctmcnts
this, apprchCnd, is at variance with the pas
history and experience of the world; sucl
laws do not command the respect or obedicnc,
of those intended to be cotrccd, and it is ,
matter Of notoricty that they are daily viola
ted with IMMUNITY The difficulty of cnforc
p ing and the imrolicy OF cnacting laws of thi
, character, would be more apparent if it were
within the constitutional power of the lcgis
laturc to establish IL cumInun faith and mod,
ofwnrsaip in religion. This subject ancient,
engaged the attention of dcliherativr assem-
, blirs and il we were to enact similar laws
we should undoubtedly attain Il like result -
: The truth however, cannot be- disSrmblcd tina
the present law has proved Intellectual and in
adequate to strain the use Of traffic and il
? Intoxicating liquors; and the fact that the
= legislature in one part of tho law diyrSt it 0
I the character of property, and, i'll another
recognize it as such and tolerate its sale il
= one place in each town for medicinal and me
= clNnical purposes, should inspire us with dis
trust of amy enduring reformation iuundc,
= solely upon municipal law, If, however
such laws should eventually accomplish thu
objects expected from them, they will afford
most ready way to cxtirpatc the evils which
, alict the community; but religion has beer
: generally understood to incucutc dilcrcn
theory ior the reformation of the race, an,
+ intcmurrilucr and other like vices have been