Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1853-03-09

10 shoot at or Kill Wild fowl during the
night, except from the land or to do so
from skiff, in three named counties.
To do many other things about fish, fowl,
and other game, too numerous to specify
See the Code. pages $50. 1, .. '3.-High |
penalties, ranging from so to 500 dollars.
attend these prohibitions. Parts of the pro-
ceedinss are an arrest of the offender, and
seizure and sale of his boat. skiff or vessel. !
with its tackleand appurt&nances, to pay the
fine and costs.
One of you cannot make a miil-dam upon,
his own land, though the stream rises in
that land. without leave Of court. after a |
verdict of jury expressly saying that cer-
tain injuries TO neighbors will not result.
Nor, when he has built bis mill. can he
refuse to grind any grain brought to be
ground, in its due turn nor take above one
eighth as toll.
One Of you must not inoculate himself, or
another, or suffer himself to be inoculatcd.
with the smallpox, unless at a lawful hos
pitai. Fine, not exceeding $500
If he is knowingly infected with any dan
gerous infectious disease, or has latel y had
II Il int has not had his person and clothes
perfectly cffssssased he must not go into the
company of any other WHO IS S liable to be in,
fected and must retire from a'%,puoiic 4 % ROAD
or street on passengers approach Sor warn
bin OF the danger
What have been here cited, are but few
OF our Codes enactments, that restrain in
diIviduaii freedom, for the public good in
fulhlment oft:e States duty, to be the guar
dian of her peoples lives, interests. and hap
pIness. No more arc cited, for fear Of need
lessly firing you.
1t is remarkable, that most Of our penal
laws, thus restraining us all, level their pro-
hibitions ard penalties exclusively at free
persons They commonly begin with No
free person shall'--or If any free person
do so and so as if in dcrision of those who
fancy freedom to consist in the right of doing
wrong without check or punishment.
| There are two enactments, that have a
particularly close resemblance to that sec
ton of the proposed Law, which will cause
the offending liquor to be searched for and
destroyed Both of those Virginia enact
'nents provide for seach-warrants and the
second of them search warrant for liquor
unlawfully kept for sale.
II r. 7EO --en &C L. W. -
! A justice, upon complaint oath, shall issue q
search-warrant for (1) counterfeit con forged bank
notes, instruments materials for making them
2 Obscene books, pictures. &C., forbidden by IL,
ofp. 740: (3) Lottery tickets, materials uta9-
fully prorided for dra,cing lottery or a. Any
gaming apparatus, or implements used, Trorfdea
for use, in any place resorted to for unlawful ga
ming. The things when seized, shall be safely
kept by direction of the justice court to be used
in evidence: and as soon as may be afterwards, be
burnt or otherwise destroyed under such direction
z Bg the Virginia Acts Of 1851, D. Z.
! If any but manufacturer offer for sale any vi
nous or spurious liquor, without first paying for end
obtaining license required by law any JUS
tice, information giren him by any person [it
needs be cath !! shall issue attachment d.
rected to any sheriff or constable in his county
commanding him to search for and distrain the ar
ticle offered enough of it to pay the taxes and
costs; and the officer shall sell, after reasonable
notice Of time and place.
This last act (Which was passed some two
months before the famous Maine Liquor
Law requires no summons to the unlawful
seller, and gives him no means or opportu
nifty for defending himself as the Maine Law
does, and as our proposed Law will do. And
less bene6ccntthan these Laws, it continue!
to circulate the liquor, instead Of destroying
it.
The many striking analogies between al
the Laws here quoted, and the proposed Law
) against the Liquor Traffic. settle the ques
II ton 50 far as numerous precedeRts can set
y tie it) as to the rightfui power of the Legs
u lature to pass such a Law. But the neve
: doubted and constantly exercised powe
Of that Body to restrain and regulate th
: Traffic by the LicenSe-system, proves tn
' right to prohibit the Traffic. For if our Law
lc givers can forbid all except dozen person
'e in large county to sell or all but thos
~ who pay q tax and obtain court S ar
proval they may forbid the sale entirely
y There is, however, still higher reason fC
T. saying they have that power. Three of th
+ United States having passed laws that 70
! bade the sale of Intoxicating liquor exce]
:, in large quantities. and on licenses granite
40 by public authorities; many retailers denie
III the constitutionality Of those laws and Il
Sc cases (called The License Cases) came b
g. fore the Supreme Court at Washington :
or See Howards Reports. p. 504-633
is Six Of the Judges gave detailed and Gle
opinions for the Laws, and the seventh co
Cured with them, all sustaining the rig
a. and constitutional power OF a State to pl
III hbit altogether the sale of intoxicati
drinks in their borders.
VI These views and opinions put at rest
doubts as to the constitutionalIty Of the p
''' hibitory law.
lef We shall continue our extracts from t
powerful Southern Tract.
lie *The law of on this subject, contains sim
nix provisions.
DISCOVERY OF GoLD N VIRGTNIA-We lc
IS from Ii schburg (Va) Express that few
ou' ..go party ofhun:ers, engaged in digging a
on y fox. which had burrowed in cliff on Z
lue Greek discovered vein of quartz mingled Y
ar yellow mineral. A specimen nf the min
our was sent 10 Mr.. Scott,t silvcrsmith, IN jack.
vile, who, after assayiRg il, pronounced
.,n gold The vein is eight feet wide, cle
inches thick an unknown length. A solid
! u of the quartz will yield upon an average.
teen dollars The fortunate owner Of the
but is Mr. ]. EpPerly.
lead --
Benedict Arnold never married INIT
&C of was forty years Of aye, and see what an