Windham County Democrat. [volume] (Brattleboro, Vt.) 1836-1853, 1853-01-26

and poverty II prOduceS--Dy lne uldlt IL uPoH
the productive industry of the Landry the millions
Of dollars expended for crime and the support of pau
perism, consequent upon Independently the thous-
ands, who, year by year, are converted into frahtful
maniacs-and BY all the disorder and riot and waste
which result from it, Now let any man look at these
lin their height, and breadth, and length aud depth,
and then say whether a prohibtory law designed to
remove them ALL should not be as stringent aud eiiec-
tive as the law against smuggling counterietng,
or thcving, or any other evil The conclusion is
irresistible
But, are such stringent measures necessary to make
The law effective Iii affirmed that they not nee
essary-tha they are extreme and excessive legsla-
tiontyranical in their nature and dangerous in their
tendency Now we submit whether such stringent
provisions are more necessary TO the law against
''smuepng,' than TO the law against selling intoxl-
eating liquors Will any tell us that the motives
and temptations transeress in the former case are
greater than in the latter or that the latter Is more
oasv of executions Just the reverse oil this IS the
truth. The motive to transgress in the ono case, is
simply thirst for gain The practice of smuggling
never had the sanction of law custom, or public
sentiment; and is never pleaded for by the cries of
appetite strong as death. In the other all these ex-
is The observation Of past years conclusively shows
how hardly men are restrained from the sale Even
the enemies of the law unwtingly proclaim this very
necessity by reeratiug "he law cannot be enforced
you can never stop men from selling
1t is principle in Phosophy-if you put slight
obstacles in the way of ungraed desire, you do but
nflame it. A law without penalty is mere advice
With slight penalties it is worse than useless, when
opposed to evils which men strongly lmpelled to
practice. Hence 10 say to a rumseler who realizes
twenty or thirty dollars day from his business; if
you SELL you shall pay fine of ten dollars is but to
stimulate him to greater diligence 1t is much like
telling thief he shall pay half his spos, in case he
is detected.
Hence the existing law does not the aspect of
serious purpose TO put stop to great evil as the
laws against smuggling and counterleiting do
Against these Offences such law would form no de-
fence side the inada4naoy of tho ranai'y a"d
the difficulty of conviction. the law only trifes with
this great evil SO long as i sPys u NE fun b5sr
ty to sell them, whenever he do it without deec
ton
If it be said this traffic differs from other things
which, it is admitted require stringent legislation,
fully agree it but the difference, in cucry particl
lar, goes to show the need of increased strngency
here because the evil be remeded is, beyond com
parson, greater; because is of long standing; be-
cause men are slow TO admit the crimnality of the
business and because the temptations to pursue it
thousand times more. Can any man, in his senses,
believe that power Search and selze and confscae
is necessary the efficiency of the law against snug
Cling and that such power is unnecessary to the eff
fciency of the law against vending ardent spirits =
We think not No man thinks so, who really be-
lieves the law is to be enforced The objection that
such measures unnecessary and extreme, comes
not from those who are sanguine in the expectation
that less stringent law will be executed and remove
the evils in question but from those who have no
thought Of seeing them removed, and who would pre-
fer the fountains should be kept open and the evil be
merely regulated not reniored.
With confidence and without fear of contradiction
we come to the conclusion that the principles which
lie at the foundation of the Law recently enacted, Of
right ought TO be embodied in such Lao and that it
is the imperative duty of every community sustain
it, because is duty give protection against one
of the greatestif not the very greates-evs ever
inflicted on humanity because il is wrong in princi
pie TO attempt regulate rather than seek suppress
such an evil, and because it is right and is sa-
cred duty to use all proper means 10 suppress an evil
which be removed no other way. No one of these
principles is in legislation. The most violent
objector cannot point to Only one of them is
new in its application TO this subject and that is the
one which puts this evil on the ground with 9TH
evils which it is the purpose TO restrain, and
merely to regulate. The propriety of such application
fearlessy submit to candid men.
We will enquire whether there are any par
ticular provisions in this Law, which justly liable
10 objection. That which provides for the desruct-
ion of liquor, when SEIZED is objected TO the ground
that it is private property, which the Constitution holds
sacred and declares shall be protected But the prn-
cple here called in question is certainly recognized in
a great variety of cases. at is recognized in case
where other property, where life may be endanger-
ed as in the blowing up house to stop the prog
ress of a connagraon. 1t is recognized in the con-
fscation of goods in contraband traffic. II is recog
nzed in the of damaged hides or corrupted drugs
or tainted in the market, tools and mple
ments of counterleiters." Says Mr.. Justice McLane
"The acknowledged police power of State extends
often to the destruction of property. nuisance may
be abated Everything prejudical 10 the health or
morals of a city may be removed. Merchandise from
port where contagious disease prevails, being liable
10 communicate disease, may be excluded and in ex-
IRENE cases, may be thrown into the sea-" Thus
clearly is the prnc pie established that private prop
erty may, by law, be rendered yaueess and also de-
stroyed when the public good requires it-wheneyer
it endangers the property the life of others. Does
not the sale of intoxicating liquors do all this, and with
certainty and constancy unknown TO other uses of
property Is not the destruction of such property a
public good If all the private property vested in this
article for drinking purposes, throughout the land,
were instantly destroyed and their place again
supplied would not the public good be promoted -
Would not the rescue of three hundred thousand drunk
ards at from ruin and DEATH and their recovery
TO their families and to society, be large compensa-
ton VIII you blow up house TO stop a confagra-
ton, and then, in your tender mercy spare sinking
rum-cask when it is consuming houses and lands and
the owners with them!
It is further said tn. Law increases the jurisdiction
of justices, and tina. it requires excessive bail. To
the first objection have only say il mere mat