Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1854-08-24
Judge Blacks Letter to the Temperance
State Committee.

Charles Louis Loos, a member of the Com
mittee appointed by the State Temperance
Convention to interrogate the various candi-
! dates as to their views of Prohibitory Lii
quor Law, has communicated to the Somerset
Democrat the reply ofHon. j. S. BLACK. Mr..
Loos accompanies the judges letter by some
explanatory remarks, acknowledging the cor
rectness of his surmise that % the committee
misunderstood its instructions when the can
didates for Judge were addressed"
To the President Of the ProhiJitory State
COarenttoR:
SIR-It appears that the friends of pro-
hibitory liquor law, who met here some months
ago, appointed a committee to interrogate the
several candidates and lay their replies before
the body over which you preside. The Chair
man of that Committee has addressed me- in
quiring whether L believe, that law pro-
hibiting the manufacture and sale ofintoxica-
ting drinks, except for certain specified pur-
poses, is constitutional
L suppose l cannot mistake the meaning of
this interrogation. Itis, ofcourse, not prompt
ed by motives of mere curiosity. My private
sentiments are not worth to you the trouble
of ascertaining them. But you desire to be
informed how far my judicial decisions may be
| counted on, as favorable to your views of the
! subject If | reply in the affirmative, you will
| regard it as promise TO be with you when
! the question comes before me; and if | break
| the promise, after being elected by yodr votes
will be justly exposed to the charge of OBJ
tanning the office by means of false pretences.
| If my answer be the other way, you viii know
now to disarm an avowed opponent Of the
power which he might use to your disadvant-
| age. These, 1 think, are the only reasons that
could induce you to question me on such a
subject
[ know the value of your votes. 1 do not
underate the power you will probably exert
! in the next election. And even ifI were not
q candidate at all | would feel a natural ankle
| ty to win your respect, and escape your CEN
sure; for no man Is better assured than | am,
that some ofthe best hearts and soundest heads
in the country are engaged in the present
movement for a prohibitory liquor law. New
ertheless, l cannot answer your question con-
| sistently with my sense of propriety; and l am
not without the hope, that my reasons for dec
! lining will be entirely satisfactory.
When you speak of a law to prohibit the
manufacture and sale of liquors, take it for
! granted you do not mean so senseless thing
as a mere naked prohibition, without affixing
a penalty, or providing the means for its exc
cution The law passed in Maine is the mod
ell, on which the other States have generally
framed theirs. I believe the one proposed at
the last session of our Legislature was almost
literal copy of the Maine law.
Its constitutionality did not seem to be
doubted by one of its numerous and able ad
vocates But it was violently opposed, on con-
stitutional grounds, by others, who are as in
telligent and conscientious men as any know
in the Commonwealth. In some of the States,
- ,oK Ill, Il In,
New York, on the other hand, the Governor
declared it to be wholly inconsistent with the
principles of a free government, and for that
reason refused it his signature. Such, also,
was the unanimous opinion of the Supreme
Judicial Court of Massachusetts,; and the high
est tribunal in Michigan, composed of eight
Judges, stands at this moment equally divid
ed. You probably think it quite clear. But
YOU must not forget, that three are others,
who think it equally clear against you 1t is,
at least. doubtful enough TO have procured
conflicts and divisions among statesmen, judi
res and LAWYERS, as well as among the mas
ses of the people. 1t is, moreover, question
of great magnitude. Everything is important
which touches the Constitution. a judge new
er acts under responsibilities SO high, as when
he deals with the great charter by which a
free State holds its liberties; and if any part
of the Constitution is more sacred than anoth-
er. it is that which marks the boundaries be-
1 tween legislative authority and the reserved
rights of the people-Besides the law on which
YOU ask my opinion, is one which will direct
iy effect the character, morals, property and
business of the whole population of the Com
monwealth.
Here, then, is a much debated and vexeC
question of constitutional law-important il
every aspcct-whieh must come before th'
Supreme Court for final adjudication; and
a candidate for seat in that court, am askeN
to determine it in advance, without motto
to the parties interested, without hearing tn
arguments on either side; without even see