Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-07-28

il with the hostility and contempt due TO
such law. Suppose, that certain kind
of cloth were imported into this country
from China; and that, everywhere, on
opening the bales, deadly and sweeping
disease should ensue; would it not be the
perfectly plain duty Of Government to
forbid the further Importation of such
cloth? Nevertheless, many might still be
eager to wear it, as, in the face of what
ever prohibition, many might still be eager
to purchase Intoxicating drinks. And the
one class would be as ready, as the other,
to stigmatize, as a sumptuary law, the
legal prohibition upon their indulgence.
But the loudest and longest objection
to the suppression of the sale Of intoxica-
ting drinks by law, isto the suppression oft
by means Of the Maine law" Now, as |
admit, that such sale cannot be suppressed
by any other law than the g Maine law"
or law of its leading characteristics, am
bound to vindicate the " Maine law"
There is not time to examine all its fea-
lures. But the law will be justified in
your sight, if succeed in justifying its
great distinctive feature So that feature,
which authorizes the seizure and destruc-
ton Of the liquor, when it is ascertained,
that it is to be disposed of for drink.
There is no occasion for discussing the
question, whether Government may take,
and dispose of as it will, the property of
its citizen, without compromising him
therefor: nor is there occasion for discuss
ing the question, whether, in any circum-
stances, it may take and control his prop
erty, without his consent. All need
do, at this point, is TO prove, that Govern
ment may take, and treat, as it will, that,
which is no longer property but all rights
of property in which are forfeited by the
guilty and pernicious misuse, to which its
owner had perverted it. My proof to this
end need not be train of formal argu-
ments. A few simple illustrations instead
will answer the purpose, and will save
time.
| will suppose, that there is loaded
pistol in the pocket of my friend, who
sits at my right hand, [Mr. MORGAN, of
New York.
Mr.. MORGAN. Not supposable case.
Mr.. SMITH. admit, that it is hardly fair
to suppose it Of one, who so trusts in the
shielding care of his God, and in the good
will Of his fellow men, as TO be above the
bad habit of going armed. Nevertheless,
| trust that, as / have begun with the sup
position, he will allow me to proceed in
it.
Now, were to take this pistol from
my friends pocket, and to break it in
pieces, should, of course, be legally liza
BILE to him for the value of it. But were
he to take it from his pocket, and to aim
it at the gentleman, who adorns the Speak
ers chair-nay, who from his pre-eminent
Judgment impartiality, selEpossession,
dignity, seems to have been made pur-
posely for the Speakers chair-then might
| wrest it from his hand, and dash it in
fragments on the floor, and be under no
legal liability whatever. All the legal liza
bility in the case would be on him, who
was guilty of putting the weapon to so
unprovoked and deadly misuse and
who, thereby, forfeited all rights of prop
erty in it.
Suppose that Mr.. Corcoran, Of this city,
should, in his love to do things on large
scale, purchase barrel of rattle-snakes,
for thousand dollars. He puts them in
boxes, with glass covers. He and his
friends are in the habit of standing over
these boxes, few minutes, every day, to
inspect the serpents, and 10 study the
laws, habits, and phenomena, of their
being. All this is innocent and praise
worthy. But suppose Mr.. Corcoran wakes
up some morning, troubled" as was
Saul, with "an evil spirit for, in these
days, when rapping, and tipping, and all
sorts of spirits, good and bad, stand so
thick around us, even Mr.. Corcoran and
other good men are liable to the invasion
Of evil spirits. Mr.. Corcoran, now, says /:
I" am tired Of looking at these snakes, in
their boxes. wish to see them running
about, and biting people," So he takes
the boxes to the door, and lets out the
snakes upon the ground. In few hours,
they are coursing through the city, and
biting whom they can. The alarm is
sounded. Members Of Congress, and all !,
90 forth to STAY the snakes. Had we
slain them, when in their boxes, Mr.
Corcoran could have recovered his thou
sand dollars from US. But, now, he can
not recover it--for he lost all property in
the snakes by his reckless and wicked
liberation Of them, and exposed himself,
in so doing, to the grayest penalties.
Suppose, that, some pleasant morning,
| take into my hand, my gold-headed
cane, (if have such an one, studded
with diamonds, that cost ten thousand
dollars. | 90 strutting up and down Penn
sylvania avenue, swollen with the self-con-
sequence of member Of Congress. |
use my cane in knocking down children,
on the right hand and on the left. A gen.
ileman witnesses my pranks hastens to
me; and breaks the cane in pieces across
his knee. Can make him pay me any
thing' Oh, no not even if he had bro
on n IN uipcps acroec my hoad | loet