Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1854-06-28
!" Infringement of Liberty

One of the " potent" arguments of the op-
ponents of legislation for the suppression of
the liquor traffic, is-that such laws are in
Engagements upon the natural rights and lib
critics of the citizen, and therefore unjust and
unconstitutional. We propose a brief exam
mation into this objection; and will begin
by an appeal to the Bill of Rights and the
Constitution of North Carolina. The first
three Sections OF the Declaration of Rights
are in these words:
l. That all political power is vested in and
derived from the people only.
9. That the people Of this State ought to
have the sole and exclusive right of regula-
ting the internal government and police
thereof.
3. That no man or set of men are entitled
to exclusive or separate emoluments or priv
ileges from the community, but in considera-
ton of public services.
And the 44th section of the Constitution Of
North Carolina declares
That the Declaration of Rights is hereby
declared to be part of the Constitution of this
State, and ought never to be violated on any
~pretence whatever.
Now we presume no one is disposed to
question that from the LIST section quoted
} above, the people have the right to instruct
their representatives to conform to their wish
f es in the enactment of laws. 1t is therefore
: unnecessary to dwell upon that point.
By the second section the exclusive right
of regulating the internal government OF the
n State, is given to the people-and in our re-
- - 4Io ounroccod will of
n the majority is recognized as the voice of the
people. In the abstract, and in all the mat
ters heretofore acted on, this principle has
n been recognized and observed but it is re-
n served for the effort against afording protec-
l. ton from the ravages Of the liquor traffic, to
develope that this axiom of fundamental law
it cannot hold good, because, forsooth, therights
~ of individuals, human liberty, will be lnva-
es ded by an interference with their rights to
le do as they please with their own. Every
It. other species of property that is used or en-
It, ployed to the serious disadvantage of their
~neighbors, or is an injury or nuisancet to soci
Oh ETY., is indictable at common law and can be
he removed or destroyed, as the public good may
= require but this, which destroys the peace
49,
ma and w~ell-being of community that causes
a riot and bloodshed produces poverty anc
OF, taxation-in a word that is destructive to al
the best interests of society-it is too sacred
a thing for the people to have the power tt
we control-n must not be interfered with
Such a doctrine is monstrOus, Ind if admitted
list must undermine the great principle ofrepub
sl- IT, e., &C 4r,o ~ fha ono in
led stance it should hold good in all.
nd The third section, to our mind, strongl.
annuls the license law of the State, as it ez
er- lists upon our statute book. By it, a Csc
ing of men are" given the exclusive or separ
'ts. ate emolument or privilege" of selling liquo
nd bv the small measure. which the Declaratio
of Rights, IA part of the State Constitution
pom expressly states they are not entitled to.
our men have the right to dispose of their ow
nth property to the best advantage, as contende
for by the friends of liquor, how dare the la
the say they shall only sell as 1t may prescribe
the And if men are not entitled to exclusive priv
stitution, is not that Act clearly unconstit
tional which bestows these G exclusive
ond uoau :; ~ -
oOtdLdVO pIlEllCSCS, III NlLOCU NlOldUIOu
our fundamental law? The only c~ontinge
nds LII ...o u.
P' granted under the constitution. is in consi
Grafton of public services. Now, what pu
lie service has a liquor seller rendered
nrn- does he propose to render? None, except
NJ be to purchase the right of scattering disea
ma and death, of spreading pauperism and 81
lion fering, ofentailing every species of woe amor
his fellow-men, by paying into the pub
ary, treasury the paltry license fee required
NH. law. Is this what the constitution confer
mise plates as the " consideration of public SER
mo- ces ?" No one will so contend. The licen
fc. law, then, is unconstitutional, and ougl
ro therefore, if no other reason could be give
ob- to be erased from the statute book. If t
enemies to reform could find in the constit
.s;S ton any thing like so clear and unequivoc
g 70 a declaration against the policy Of legislati
wa against the traffic, it would be stercotyp,
and and put into every whiskey guzzler's mou
Dnso against the "uncons titutiona6leness" of t
no movement.
DEL But the ablest Jurlsts IN our country ha
orr UOCIQ0U lHd6 Gl6 DGdG0S nave the power unC
the the constitution to restrain or prohibit c
ents tirely the traffic in Intoxicating drinks w
v in dom, experience, policy all clearly dema
biec- it and the people call for it. Will the L.
for ~islature hold out against all these, and pei
on. naciously refuse to grant the much covet
,var relief. In the name Of Justice and Repub
a,ju canism we trust not.
ute"
~. We believe that the principle of Tempe
tue ance is plainly taught in the Bible, and til
sion, we ought to prohibit our members from m
Re- king, buying, selling, or using ardent sp
the its in any way, except for medicinal or n
Ia, chanical purposes.
yeen The above is one of the articles of Chur
FRED government and fellowship adopted by
large number of the Missionary Bapt
Churches in Western North Carolina, and
in our humble judgement, the proper 20
lered ton for all evangelical Churches of Christ
STAN occupy. There is no denomination of Chr
n &C tians in the community who are more al