The true Democrat., 1854-12-27

= found, in practice, the minimum of legal coer- cion, and the naa1imum of moral infuerice.' J That is, the highest degree of virtue, and, con- sequently, the greatest amount of happiness, l are attainable under that form of the social compact which depends least upon law to com pei obedience, and trusts most to the influence of moral sentiment to ensure the performance of duty. The contrast here presented, is truly that between physical force," and "moral sua- : sion;" the former Ca natural appendage and ne- cessary appliance of legal coercion), seeking it's purpose through the baser passions of the heart such as fear. hatred, and revenge, by excit- ) ing and developing them, debasing thereby, the natures 1t controls, and attaining only obedi- ? ence, generally reluctant and imperfect, in the } end; while the Aatter, higter instrumentality, appealing te the ncbler sentiments of the soul such as love, gratitude, emulation, and self respect, elevating thereby, the mind of the cit izen to the height of its true responsibility and calling forth its just powers to be educated by judicious exercise, into healthy vigor, and virtuous activity.
 It IS believed that abundant proof of the soundness of these general views will be found wherever It may be sought for, in the practical working of all human institutions, whether of society, of religion, or of civil polity And, as an eXempllhcatlon, in the last named class of imposing form, attractive interest, and convinc- Ing power, our own Federal Union, alike, in its principles and their practical application, is re- ferred to with entire confidence and satisfaction. Of this, it has been truly said-'Its benign and legitimate functions are to protect, rather than to govern-to advise, rather than command to instruct rather than to punish; and, holding that all men are free and all freemen equal, and equally entitled to the enjoyment of life, lib- erty, and the pursuit of happiness, in the way that to each may seem best it no farther inter- feres with the perfect freedom of speech and of action, than may be indispensable to restrain the vicious, and protect the good."
 The committee are aware of nothing which can successfully contravene the teachings of this illustrious example. The petitioners have advanced nothing in the way of argument to lnvalldate it; nor have the committee seen anything from any quarter, to induce them to believe that Arkansas would derive benefit by any departure from the position she has as- sumed.
 The legislation of other States upon this subject, ranging, as it has done, through the varlous degrees of stringency down to total prohibition, so far as it Is known to the com mittee, and 50 far as it sheds any light furn- isheS no support to the views of the petitioners.
 
 perance or general morals, were anticipated, the committee are of opinion that it may be justly characterized as decided failure That it has been abundantly fruitful in bitter controversy, and eminenty successful in stirring up strife, y and increasing intemperance of feeling and speech, wherever 1t has been tried, there is no question. But that it has any where, in any useful degree, advanced what is known as the cause of temperance, or improved the moral character of the community, the committee have no evidence and are unable to believe nor have they any reason to suppose that it would answer better purpose here than 1t has Ill other communities. On the contrary, hold ing that the reason of the failure of compulsory laUs, which they have been seeking to set forth, is general in its character and universal i'll its relations, the committee are firmly con- vinced that its trial in Arkansas would be un- successful and mischievous as it has been else where.
 The foregoing objections, general in their character, and founded, as the committee be- j leve, in sound moral principles are opposed to the general proposition of the petitioners for the enactment of a compulsory law.
 But, in addition, the committee feel called upon to make known their special and decided opposition to that particular form of the law recommended by the larger number of the pe- ttioners, and known as the township license' It proposes, in the language of the petitioners, the giving or withholding license for the sale of intoxicating liquors, according to the vote of the several townships." This, though somewhat disguised by it's terms, is, in princi- pie, as truly compulsory or coercive as "the !, Maine Liquor Law itself; and it would be so in its operations, so far as it would go into op- T. 4lo general objections which have been urged ; but : in addition to them, there are others which apply to it particularly and exclusively
 Upon general principles, it may well be ques- toned whether such legislation as this involves, is constitutional The Constitution makes the f General Assembly the legislative power of the State. Upon that body, exclusively, it confers power to make laws-a power which Is not, and from its very nature cannot be- transiera- ble. Yet the proposition is, in effect, that the !, General Assembly shall transfer its power, in this case, to the several townships, to be exer- cised by means of a popular vote. If this transfer of legislative power can be made in one case, and for one purpose, and to townships, why may it not be made in all cases, and for every purpose, and to counties towns and sin gle individuals, until the General Assembly shall have divested itself of all power to make laws ? Thus presented, this seems to be too absurd for consideration yet in principle, wherein does it differ from the proposition alluded to True, in this case, the nominal , legislation would be by the General Assembly but it would be nominal only for though the forms would be observed, the question whether , it was law in fact as we'll as in name, would have to be determined by the voters of the township. It would, in effect, be no more a law when it left the constitutional halls of leg islation, than if it were so much blank paper and as an exercise of legislative power, it would be precisely the same thing whether the town ship voters gave effect to what had before been written for them or wrote out for themselves an entirely different and original enactment.
 But leaving the constitutional question to more competent authority, the committee have another objection, scarcely less serious, to this vicarious legislation, as proposed. It violates that essential principle, in all good laws, that they should be uniform in their application and equal in their execution, throughout the State. This principle can never be disregarded with C.. 1>o