The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1853-11-09
NUMBER 20.

Itlvltv. they illustrated Dy thcif pracVcc
and example, the advantages of unre-
lstraincd liberty Of conscience aud trans
Iferred into our constitution and laws a
liberal spirit and a noble and ingenious
phIlanthropy. Succeeding to an inheri-
tance. of such inestimable value, it may
not be improper to inquire whether all
our legislation has been conceived in the
like spiri, and characterized By the snmo
llibcra,ty. One of the duties required
by the constitution Of the Executive " IL
to prepare such business as may appear
to Utcm necessary to lay Before the Gen
leral Assembly !" and it seems TO- be inn
piled that the reasons and motives, also,
for such recommendations should be sub
mitted
"An Act TO prevent traffic in intoxi
eating liquors for the purpose of drink
ing" has engaged the attention and ex-
cited the feelings of the community, per
Ihaps more than any other legislation
since the organization of the Govern
ment As the end proposed By the law
is both moral and desirable, those who
doubt the propricty of all its provisions,
may at least be subject to the lmputa-
ton of Indifference or being the advo-
Gates or apologists of intcmpcrancc-
Discarding, however, amy fear of the con
sequences which may attach to the cx'
preston of an opinion honestly enter
tanned, propose, respectfully, to sug-
gtst, rather than prove by argument.
that several provisions Of the law arc f
doubtful consttutionality, and expcdel--
cy The duties which are enjomed on
the Council of Censors, imply an appre-
tension on the part of the trainers of the
Constitution. that the powers delegated
to the legislative and executive branches
of the Government, may be unintentlon-
ally exceeded, or through inadvertonce,
Iisrcgarded. And experience proves,
that the public servants of the State,
when an apparent necessity mtervenes
for its justification, are oftcutimcs more
ready to enlarge than restrict their pow
er. An eminent writer, on the prlnci-
pies of our government has observed, that
- our legislators are not apprizcd of tho
rightfu limits of their power and their
true Office is to declare and enforce our
natural rights and duties, TO take none
of them from us"
To say nothing of our natural rightS,
other than those enumerated i'll the Con
stitution. it will not. ! trust, be deemed
unsuitable to enquire why it was neces-
sary to subject the gift OF sale of what
has hitherto been known as property,
which always has been, and now is. an
article of commerce in every civilized
country, to highly penal enactments. un-
less to infringe the immunity which the
Constitution extends over the persons,
houses, papers, possessions. and property"
of every citizen, by transforming an in
nocent if not an indifferent act into an
offence on which to institute the right
of search Such legislation certainly
cvinccs a disposition to convert the right
Of =" acquiring possessing. aud protect
ing property" which the Constitution in
the first article of our Bill of Rights,
recognizes as one of the natural, inner
cnt and inalienable rights of every citi-
zen," into an odious and disreputable
crime The authority to pass this law
is undoubtedly claimed under the grant
of power over the internal police OF the
State how far this grant is restrained
by other provisions in the Constitution
and what limitations are TO be put upon
the words " governing and regulating" 1t
is unnecessary to inquire for, If 1t were
conceded that the fifth article in the Bill
of Rights confers the authority to pro-
hibit. SO, likewise, it gives the right to
regulate and restrain the abuse OF any
article of property and the question then
becomes one of expcdiency. An opinion
prevails in the community that the hab-
its and tastes of people may be mato-
rally changed by legislative cnaetments
this, | apprchend, is at variance with the
past history and experience OF the world
such laws do not command the respect
or obedience of those intended TO be CO.
creed. and it is u matter OF notorlety
that they are daily violated with impuni-
ty. The difficulty of enforcing and the
impolicy of enacting the laws OF this
character, would be more apparent 1t 1t
were within the constitutional power OF
the legislature to establish common
faith aud mode of worship in religion.
This subject auciently engaged the at
tention Of deliberative assemblies, and
if we were to enact similar laws, We
should undoubtedly attain like result.
( The truth. however, cannot be dlssem-
bled, that the present law has proved IN
effcctual ana inadequate to restrain the
use of and traffic in Intoxicating liquors
aud the fact that the legislature IN one