, 1854-04-29

l appreciate the motives of the gentle
man who is the main supporter Of this bil
/ believe he is nctuated by the desire N
confer, what he deems, blessing on Tho
community. Ihonor him for the sentiment
however much I may differ with his iudO,
ment.
| have some little faith in human natur.
it is better than the world gives it cred.
it. There is in every man silver thread
of goodness, which may be woven into a
pattern Of excellence ! know shall be
answered that thousands of men live, move.
and breathe, and pass away, with not a
solitary trace left as land mark Of the
tide that has hurried them on to the broad
ocean of eternity. They are forgotten
like the insects of yesterday; the spark
was in them, too, but rough contact with
the world, adverse circumstances, had so
covered it with cinders, as to smother Il
out. Had the gentle hand of persuasion
carefully blown aside the pshes, it might
have sprung up into fame of brightness.
that wonld have proven warmth and com.
fort to those with whom they were associa,
ted, so that when they also had departed.
they would have left their names engrayen
by love and kindness-a monument that
the storms of time could never efface.
l said, on another occasion, that whero
| could not afford to be generous, / would
always strive to be just. This motive
prompts me now to say, that from the har
vest of esteem and respect, which that gen.
tleman conscienciously believes he is gar.
nering up, l would not purloin q single
sheaf.
Let US look at this law in all its shapes
Meet it at the threshold, and closely scru.
tinise every lineament, to see what It bears
upon its face, and what is hidden beneath.
the mantle. Set aside its interference with
trade and the right of importation, and
here boldly say, that this is the only point
on which a judicial authority can be cited
in its favor. Chief Justice fancy decided,
that as police regulation, he saw nothing
to prevent the restraining, regulating, or
even prohibiting, the sale of ardent spirits
The principle, however impolitic it may be
deemed, is proper enough, but the manner
of carrying it into execution, is another aE
fair.
1t is on this ground that take my stand
and discuss the whole law; and l unhesita-
tingly denounce it as tyranically oppressive,
unconstitutional, and utterly illegal.
Pass that law as it at present stands,
and / defy you to carry it out II will not
stop the importation of solitary hogshead,
or the sale of a single glass. Those who
would be effected by it would quietly goon
with business, and would answer an attempt
to interfere by suit in court, which would
very soon show that certain of the clauses
kill the law, as eliectually as the most bit
ter opponent could possibly desire.
Section enacts penalty of a severity
totally out of proportion to the offence
committed. Section interferes with the
right of appeal, whether justly or unjustly
accused; compels the defendant to pay all
costs, or find sureties in FIVE days-a right
that is coeval with the existence Of our
government-(ha hat was laundering mis-
take of mine; it goes so far back in the
glimmer of the past, that We can scarce
trace its origin.) This right will by our
action, if we pass this law, in one rude mo-
ment be overturned. Pause, gentlemen,
aud reflect whether you are not taking .
step productive of lasting evil. Time i'm
memorial has shown the right Of appeal TO
have been based on the broad principle Of
juStice-security to the innocent, and pun
ishment of the guilty; yet we desire to take
away the guard, and give u cleor sweep for
maliciousness, with its blightning and vast
ing influence. We are uuwittingly sowing
the seeds Of a storm-take heed lest We
reap the whirl-wind.
Section is inconsistent with section I,
since conviction can be made for the sane
offence by both. By this section he can be
convicted, on the first offence, as common
seller, while the 4th section makes the first
penalty not one-6fth as great; bungling
discrepancy.
Section 0 renders incompetent 10 set on
jury. Is not that another infringement -
Would it not be equally proper TO declare
that all persons owning stock in banks, o.
other cooperative bodies, should not be a.
lowed TO act on juries where similar suits
were on trialY Carry this out to its fullest
extent, and you make the panel list rather
small in even the largest commuuity-in
this Territory you would entirely destroyit
Section | / makes individual property h
able to be destroyed on the oath Of three
persons as to their belief, without the right
of defence. Although summoned to aP
pear, under the provisions of this law, the
defendant is only allowed to show that TIE
liquors are foreign importations, while the
only evidence that he can produce, the Gus
tom house certificate, is declared insun..
cient: conviction is made by declaringprOd
a uulity Is this law Is it common
Section IL provides that II the person 3
unknown, it merely requires an advertise