Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-11-23

"Ihe vine Is one oil the most impor-
tant objects Of cultivation ia France.
The amount Of land occupied by this
culture is about 5000. 900 English
acres. The average yearly product is
about 926, 900, 600 English gallons, Of
which about one sixth is converted In
to brandy. The annual produce OF
the vineyards is estimated at about
f5s. 500, 900 sterling. (near 40 900.
900 dollars, Of which ten-elevenths is
consumed in France" Wine is the
common beverage of the people OF
France, and yet Professor Silliman, OF
Yale Callege. an the 18th Of April.
1851. then Mt Chalous, writes. vol. 1.
P. 1876, of his visit to Europe;
"1n travelling more than four hun
dred miles through the rural districts
Of Frante, we have seer only quiet,
industrious population. peaceable in
their habits, and, as far as we had in
tercourse with them, courteous and
kind in their manners. We have seen
no rudeness, no broil or tumult--have
observed no one who was not decently
clad, or who appeared to be ill-fed.-
We are told, however, that the French
peasantry live upon very small sup
plies Of food, and in their houses are
satisfied with very humble accommo-
dations. Except in Paris. we have
seen no instance Of apparent suffering.
and few even there; nor have we seen
a single individual intoxicated or with
out shoes and stockings"
We have thus shown. from what we
will take notice Of historically, that
the use Of liquors as beverage. and
article Of trade and commerce, is so
universal that they cannot be pronoun-
crd nuisance. The world does not
so regard them. and viii not till the
Bible is discarded and an overwhelm-
ing change in public sentiment. il not
in mans nature, wrought And who.
as we have asked before. is to force
the people to discontinue the use Of
beverages
Counsel say the maxim that you
shall so use your own as not TO injure
anuther. justifes such law by the leg
islature. But the maxim is misappli-
ed for it contemplates the free use,
by the owner. Of his property. but
with such care as not to trespass upon
his neighbor while this prohibitory
law forbids the owner to use his own
in any manner, as a beverage. II is
based on the principle that man shall
not use at all for enjoyment what his
neighbor may abuse--a doctrine that
would. il enforced by law-in general
practice, annihilate society. make eu-
nuchs.of all men, or drive them into
the cells Of the monks. and bring the
human race to an end. or continue il
under the direction Of licensed county
agents.
Such, however, is not the principle
upon which the Almighty governs the
world. He made man free agent.
and to give him opportunity TO exer-
else his will. to be virtuous or vicious
as he should choose, he placed evil as
well as good before him. he put the
apple into the garden Of Eden. and
left upon man the responsibility Of his
choice, made it moral question and
left il So. He enacted as to that, a
moral. not physical prohibition. He
could have easily enacted a physical
prohibitory law by declaring the fatal
apple nuisance, and removing it,
He did not. His purpose was other
wise, and he has since declared that
the tares and wheat shall grow togeth-
or 10 the end OF the world. Man can
not, by prohibitory law, be robbed Of
his free agency. See Millions Areo-
pagitica or speech for liberty Of unli-
censed printing work, vol. !, p. 1865.
But, Notwithstanding the Legislature
cannot prohibit. il can, by enactments
within constitutional limits. so regu-
late the use Of intoxicating beverages.
as TO prevent most of the abuses to
which the use may be subject. We
do not say that il can all for under
our system Of government. founded in
a confidence ia mans capacity TO di-
rect his own conduct. designed 10 al
low to each individual the largest lib
erty consistent with the welfare Of the
whole. and TO subject the private af-
fairs of the citizens TO the least posi-
Bile governmental Interference some
excesses will occur. and must be tole-
rated, subject, only 70 such punish
ments rs may be inflicted. This il
self win be preventive in its influence.
The happiness enjoyed in the exercise
Of general reasonably regulated liber-
ty by all. overbalances the evil Of oc-
casionaI individual excess. "0rder''
must not be made TO reign" here as
once "at Warsaw" by the annihila-
ton Of all freedom Of action. crushing
out /; indeed. the spirit itself of libcr-
ly With US, in the language Of the
then illustrious Burke. when defend
ing the revolving American Colonies.
something must be pardoned 10 the
spirit Of liberty.
What regulations Of the liquor bu.
siness would be constitutional. Il Is not
for us TO indicate in advance but
those which the Legislature may from
time to time prescribe. can be brought
bv the citizen to the constitutional test
before the judiciary, and II will devolye
upon that department to decide upon
their consistency with the organic law;
in fact. the question Of power, Of
usurpation. between the people and
the peoples representatives and in
doing this. so far ns Il may devolvo
upon us. we shall cheerfully throw cv-
cry doubt in favor Of tho latter, and VI
stringent regulations. Such Is the
constitution Of our government
Maize v. The State, 4 Ind, 342.--
Thomas v. The Board Of Commits
sioncrs Of Clay county, 8 Ind, 557.-
Greencastle Township v. Black, s Ind
557.--Larmer v. The Trustees Of AL.
bion, 8 Hill, 12l.-.-Dunham v. The
Trustees Of Rochester. 8 Cowen, 462
Golfer v. Doty, o Ohio Rep, SOS.
/ n. IL - - i.