Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1854-09-27
Partial Legislation.

lIstruSt and dissatisfaction among our peOpie, NJ
han the passage of laws especially adyanta- I
yeous to certain locations and for a favored I
And it is right and proper that this !
should be so-this is a Republican govern {
ment, where ecery free citizen has equal l
rights and privileges with all and every :
community has the right to expect and re-
quire that its Interests, peace and safety be
cared and provided for by law, as others
But is it so concerning-our laws in afording
protection from the evils of the liquor traffic?
Now, we scorn the idea of arraying one class
of citizens against the other-the poor against
the rich, for instauce-but we contend that
one has the right to expect and receive these
safeguards as the ether.
During the last few years, the question Of
legislating for the suppression Of the liquor
traffic in this State has been agitated. One
Of the first and most insurmountable barriers
that has been and is urged against the pas
sage of such a law is its unconstitu1ionalty;
it would be a violation of the constitution to
pass such an enactmenti What particular
section or feature of that sacred instrument
it would com in conflict with, we have never
been informed by these constitutional law
yers, nor have we been able to ascertain,
after a careful examination for ourselves
However, if it is so, what is unconstitutional
in general, must be SO in detail-if it is an
Infringement to have such a common law, it
must be also to have one o. special or private
Interpretation. Very we'll we think this
point canot be gainsayed. Then we hare laws
prohibiting the sale of ardent spirits in GER
tain locations and within certain distancesl
Are these laws unconstitutional? They have
been in existence many years, and we have
never heard this cry raised against them
Why SO?
But to particularize: There are statute
laws of the State of North Carolina, prOhibi-
ting the sale Of intoxicating beverages any
where within three miles of the University
Of the State, Wake Forest, or Davidson Cob
leges. No man, as a Merchant, ApotbeeaFy,
Hotel-Keeper, or in any other capacity, can
sell Intoxicating drinks (as a beyerage1 with
: in the prescribed territories, either In large
or small quantities. All people seem TO ae-
quiesce in the propriety and justice Of these
laws. Why? Because here are co~ngregated
large numbers Of the youth Of the country,
: for tire purpose Of receiving educations and
being prepared for useful and honorable
stations in life. If Intoxicating drinks were
at their command, INSTRUMENTATION would
reign among them-habits of dissipation
would be formed-the hope and promise in
oar sons would be destroyed, and finally
these seats of learning would come to decay
and ruin-for what Parent would send his
!, boy where all these fearful consequences and
70 effects beset him in the slippery paths Of
in youth?
cal Here, then, are a portion of the youth O.
the country protected by Ga,o from the evils o
Sc. the liquor traffic. No man can sell liquor II
the them at she places where they are r~eceiyin.
their educations, without committing a felo
nv. Now, who are these thus protected 2
in They are young men of wealth, generally
sen of pious, moral training, blest with the ad
we vantages Of intellectual cultivation, wit
minds strengthened by the attachments c
erv- classical literature and capable of tracin
of SUuoV tO Il H6Y ~ pIOCCCG6U! OU
n a here is the boy OF less fortunate origin i
! 10 point Of wealth and position, he has to be cor
and tent with the advantages Of the village acaC
md envy or the country common school-his a
t~ainuents are limited and circumscribed, ar
the consequences of intemperance upon n
'onS' co"'nuhlueS ana lndlVluuals are n
i, 70 understood by him, as by the aspirant f
College distinctiOns-but when the LegisI
!. 10 ture is asked that he TOO may be protected
~ law from the evils Of the liquor traffic, VIII
pursuing bis humble studies, the learn
81 doctors of the law tell US, . it would be q
one ~ pass suon " law! a
when we ask e0hy 1echo answers WHY?
Again In these interdicted Location
AZ moi only are the Students protected, but
,;no cry citizen, and every citizens slave. It
/, AZ unlawful to sell to the moderate drinker.
al, the drunkard, and to the slave /! Il shall
will OS 500" "t''e. mere men, Is special par
legislation-but it is perfectly constitutio.
but if you talk of amending the law so
to make it that no liquor shall be sold wit
1n;o three hundred miles, instead Of three miles
:. will those places, in ORDER that all our citiz
70 VIA
1T the may receive the benefits ofit-then, it becor
ldance wondrously and fagrantly ~violative of
esired. constitution, and cannot be tolerated by
means. So we are to understand that
INsoN' constitution is to be measured and deter
Eiiz- ned by lengths and distances, and not
hufch justice, equality, right and good governme
n the Is not this legislating for the advantage
I'll ner one class to the detriment of another ?
lnt0'er the law be a good one ought not all our
anehtS' zens to be entitled to its benefits
aoorer Another instance of the inconsistency
ay Tue injustice of our laws, is to be found in
onne protection of the property of the master,
king it criminal to sell to his slaves, Will
CHILDREN are left to the merciless avaric
10 Ine the liquor seller. To the former the law
A he shall not sell under any p~retence, to
''on' latter he may legally sell-he may entice
hot" sons into his vile den and rob them of c
= : acter, money, health and even life itsel
: !" Arr our slaves of SO much more value
I" our children, that we are willing to see
: = one sacrificed, while the other are prote
. U0oA and defended by the strong arm of the
! 'neh People of North Cardinal think on