Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1854-04-10


ninety five innocent persons that the fiv
guilty may, in some practical way, receiv
d possible Benefit. AS nationally nigh
we prohibit the sale Of knives becaus
they otLetimes arm the hand of the muir
derer, or of opium because II may now AM
then drug the cup of the suicide. as legi,i
mate would be legislative prohibitions o
tobacco, or penalties against gIut.ony, sen
suaity and extravaganza. fruitful sources
of ruin to the individual and his family
and of injury 10 the community.
The bill permits its agents to sell the
prohibited articles for specified purposes,
and allows profit Of SO per cent. II
their use for medical or mechanical pur-
poses be right the intervention by law to
tasten upon the CONSUMER 2 Partial and on
efons tax, beneficial only to the Govern.
ment agent cannot be justified.
How can the agent ascertain the pur-
pose for which his alcohol may really be
wanted The inebriate, whose protec-
ton or restraint is pro- scted, cannot be re-
lied on FOR truthful representation Of his
object, and if TIE yender is entrusted with
an arbitrary discretion TO sell or refuse, an
inequality and distinction, between citizens
having equal legal rights, will be establish
ed, such as no republic should enact and
no people will endure, What superhu-
man wisdom can restrain the promptings
Of avariee' The agent, with his fifty per
cent profit in view, will sell all he can, nor
inyidiously scrutlnise the destination of
his waras, which he could not CONTROL
The attempt would be nugatory. and az
who desire will evade every wholesome
intention of the law.
Unlimited now as is the great licenses
on moderate terms, the contraband traffic
IS not unfreauent. The temptation under
a prohibitory system will not be resisted
nor will the offender be effectually punish
ed. The inlormer always odious, becomes
more so as the penalty is felt to be dispro-
tiopate or irratlonally imposed, and though
in the outset well meaning but inconslde-
rate fanaticism may induce caution, it will
soon exhaust its energy and learn to coun:
the cost Of outraging him who can find &C.
casion to aHenge faneied or real wrongs.
How are the laws against gambling,
prostitution, hiring and dealing With slaves,
negro navigation and disorderly houses n "
enforced An occasional phrensical spasm
of legal yindictiveness is exhibited, and
then quietly subsidies into open federation.
The Legislature cannot establish monop-
olies. Is notan odious and direct monop-
oily in effect created in behalf of the selee-
ted vendors Of alcohol, &c.' They con-
troll absolutely the selling price for the re-
stfietion upon them is practically ineffee-
taal, and enforce the producer Of the raw
material, or the domestic manufacturer, to
submit to their terms or face the contingent
eies, and expense of reaching a foreign
market. This feature of the bill trenches
sharply on sacred ground, and il the Leg
islatufe have right to prescribe the num-
Der of individuals who may sell alcohol,
and to limit the price of the commodity
they can as well determine who shall sell
flour and tobacco. and at y hat rate Of profit
The special election provided for by the
bill the coihmittee regard as Objectionable,
and as imperative to develop the true sense
OF the voters OF the State. Experience JUS
titles the assertion, that it could no. elicit
an expression of the opinion OF the actual
m ajority. With .uIl vote in Baltimore
! city, and a limited one III the counties as
would probably be the case the represen-
tative adjustment of the State would be de-
fled and Disconnected.
The power given to the Governor 10 sus-
pend the operation of the law, in other
words eifectually TO repeal il, by pronosnc-
ing it imperative, is ofextremely doubtful
constitutional propriety. Ii the Legislature
cannot transfer its functions TO the mass OF
| Al hntx Il al -
| dual agert, anG as such for this occasion the
Executive must be considered. The re peal
or suspension of law would seem to be as
purely q legislative function rs It's enact
ment; the one declaring that il shall, the
other that 1t shall not be.
The right TO invade tha sanctity Of phi
vate dwellings under the mandate Of Q
search warrant, heretofore marking crime.
of high degree, is dangerously applied te
the suppression OF al worst statutory sin
The distinction between citizens in til.
requirements OF oaths from small class o
licenced traders, branding themselves ant
their eocahon as supicous is unnecessari
ly inyidio!,s, and simply wanton outrage
There are defects and omissions in tn,
bill 10. which the committee do no
deem il necessary to advert, as they coult
readily be amended lift were otherw,s,
acceptable; but condemning as we do III,
fundamental principle, which cannot b.
eradicated, and leave any trace of vitality
in the measure, and having endeayossd IL
develop this, hover imperlectly -~yet suf
fciently to indicate our views awaken The
attention of the Senate TO the tue CHARGE
ter OF the propostinn;. we forbesrany more
elaborate examination, wh'eh the limited
time at their disposal, and the pressure oil
important subjects entrusted TO them nee.
essarly forbid. z.s
Whilst hanki expressing the conclusion
at Which we have arrived, we fully APP
precate the sincerity and philanthropic
intentions of the advocates of this bill
Endeayoring to Danish from our midst an
evil, whose banefnl in fluence all lament
ard looking earnestly and only to the be-
nign reform they would aeeo aAish, .hey
may have overlooked, as we link they
hare, rather than disregard the III conse.
quences Of the means adopted, and in the
anxiety to das good work, have atrribu
ted to inefficient, instruments more
wholesome operation than can PRACTICAL,
result from their application.