Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1854-08-26
JUDGE J. BLACKS LETTER TO THE
TEMPERANCE STATE COMMITTEES.
To the President Of the "Prohibitory STATE

hbilory liquor law, who met here some
months ago, appointed committee to inter
roeate the several candidates and lay their
replies before the body over which you pre-
side. The Chairman of that Committee has
| addrcssed me, inquring whether | believe
that law prohibiting the manufacture and
sale Of intoxicating drinks, excep, for certain
specified purposes, is constitutional.
suppose cannot mistake the meaning Of
this interrogation. l, is, of course, no,
prompted by motives Of mere curiosity
My private sentiments are not worth 10 You
the trouble o. ascer,aining them. But you
desire 10 be Informed how far my Judicial
decisions may be counted on, as favorable 10
your views OF the subject. II reply in the
affirmative, you will regard it as a promise
TO be with you when he question comes be-
fore me; and if break the promise, after
being elected by your votes, will be justly
exposed 10 charge Of obtaining the office by
means of false pretences. II my answer be
the other way, you will know how 10 disarm
an avowed opponent of the power which he
might use TO yonr disadvantage. These
think are the only reasons that could induce
you to question me on such subject.
know the value Of your votes. do no,
underate the power you will probably exert
in the next election. And even If were
no, candidate at all, would feel natural
anxiety 10 win your respect and escape your
for is hptt cd han /
am, that some of the bes, hearts and the
soundest heads in ihe country are engaged
in The present movement for pTohibilory
liquor law. Nevertheless, I cannot answer
your question consistently with my sense of
proprie,y; and | am not without the hope,
that my reasons for declining will be entire
ly satisfactory. -..
When you speak of law to prohibit the
manufacture ard sale Of liquors, take it for
granted you do no, mean so senseless thing
as a mere naked prohibition, wiihou, affixinp
IA penalty, or providing the means for its ex
ecuion. The law passed in Maine is the
model on which the other States have gener-
ally framed theirs. believe the one propos-
ed OF the last session of our Legislature was
amosr literal copy of The Maine law
It's constitutionalty did not seem TO be
doubted by any one OF its numerous and able
advocates. But il was violently opposed, on
constitutional grounds, by others, who are as
intelligent; and conscientious men as any
know in the Commonwealth. lii some ofihe
al IN 4 tAaa fh
enged. In New York, on the other hand, the
Governor declared it 10 be wholly inconsis,.
en-, with the principles of free government,
and for that reason refused it his signature
Supreme Judicial Court of Massachusetts
and The highest tribunal in Michigan, com
posed o! eight judges, stands al this moment
equally divided. Yon probably think it quite
clear. But you mus, not forget that there
are o,hers who think i, equally clear against
YOU |, is, al least, doubtful enough to have
procured conflicts and divisions among states
men, Judges and lawyers, as well as among
the masses of The people. II is, moreover,
a question of great magnitude; Everyih'ngis is
impor,an, which touches the Constitution
A Judge never acts under responsibilities SO
hiol as when he deals with the great charter
nv which a free State hold its Liberties; and
Il any mart of the Constitution is more sacred
than another, i, is that which marks 'he
boundaries between legislative authority ana
The reserved rights of the people bes'oeS'
the law on which you ask my opin'on' Is o"e
which will directly affect The character, NOR
ais, property and business Of The whole pop
nla,ion of the Commonwealth. q.
Here, then, is much debated and vexed
question of constitutional law-lmporiani In
av.,v asneo,-w which mus, come before The
Supreme Count for final adjudication and !
a candidate for seat in that court, am ask
al, 10 determine il in advance, without notice
TO the parties interested without hearing
The Arguments on either side without even
seeing the law; withor' having any one OF
The materials from which Judgment ought
TO be made up. II would do this thing
would render myself utterly unworthy oil
your confidence.
II the precedent set BY son were submitted
10 and generally followed, i, is easy to see,
,ha, many disastrous evils would rush into
the State by that example, The success OF
all political parties may depend somelimes
on judicial decisions. Religious sects, corpo'
ra,ions, and other large bodies of men are
often suilors in court. All these have an
equal reason to expect pledges. Interested
iudiy iduaIs also stand on the same platform
Shall candidates for judicial Offices commit
themselves 10 all these, II moi, where shall
the stopping place be found after the custom
| is once begun. or the righ, 10 in'sIrcsa'e
them acknowledged The election OF every
iodes would depend on the sceofdsnss OF ms
l.,.w., with the wishes Of the most rsmsf'