The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1855-08-17
PROHIBITION

where every man Is allowed TO follow thc
dictate, of his own conscience. The sriri
orour institutions is for every man to builC
his own castle, and guarantees to him per
sonal security in his premises. In his owr
domicil, nothing which tends to the ulti
mate happiness Of himself and oil others, j,
restrained there can DO no prohibition o.
anything which tends to such result, with
out exercising a spirit Of tyranny which
would justly result !, u revolution.
The spirit OF tho most liberal freedom o
thought and action would require no form
Of restraint, were every one disposed to Il" d.
to others as they would have others do Il
him" Uutil that happy day arrives, tn,
good Of every community requires q re
straint in something's, for the good OF the
whole No body OF men can entor n CON-
munity without relinquishing some personal
rights for the general good such relin'
quisbment. however, always tends to their
own ultimate happiness Us well as 10 thai
and others.
Ofsuch class ia tina prohibiiory law which
has just been enacted by the Legislature Of
this State and will next week DO in force
That the aim Is good, no one disputes
IL the results are injurious. there IS power
in the hands OF the people TO abolish IL or
make new laws upon the subject. Ii is to
be hoped that every one who has the good
Of the public at heart, will give that aid
in carrying out the principles OF tho law,
which will test its merits. That mon Of
fixed incorporate habits and men whose
avarico outweighs all the claims society has
upon them, viii oppose the law, IS TO DO ex'
pccted-but such distractions will be only
temporary barriers; they are rotten props
which will soon decay aud leave more en-
during structure on the granite basis OF
truth and moral purity.
On our first page We have given a short
extract from an excellent address on F" Pro
hibition," by Mr.. frelinghuys0n (the late
candidate for Vice-President OF the United
Statcs,) at the New Jersey State Conycn-
ton. The address Is so timely that we give
it below iu full, and ask for it the attention
fall those who regard their personal rights
invaded by the new Prohibitory Liquor
Law.-Ponsmouth Journal.
Mr.. PEsipESr I always rejoice in tho
privilege Of meeting Temperance Associa.
ton. IL brings me near TO an enterprise Of
mercy. that seeks the delyerance Of our
fellow men from an evil, among the most
affecting to all our interests for this world
and for the world TO come.
The Prohibitory Law against all traffic In
intoxicating liquors us q beverage has been
assailed rs unconstitutional, and ], bshooyes
temperance men to review the case, and cx'
anime the foundations upon which il rests.
Propose, therefore, very briefly TO urge
the arguments which sustain tbs law and
10 show that the legislature not only hold
the authority. but are bound in public duty
TO prohibit the commerce. They pronounce
IL to be q nuisance. Ifthis be true, all must
agree that il must be lawfully forbidden and
abatcd. Whatever impairs the public
morals, is q nuisance. The Oldest writers
on this subject define it in such terms. A
few simple illustrations will make 1t clear.
A business righ,(ul in itself will become q
nuisance should il be misplaced. The loca-
tiOn OF a butchers slaughter house on the
srcet OF a town or city thiskly settled, is q
nuisance il impairs the health and disturbS
the comfor; Of the people. Now, here is a
lawful pursuit. We must have butchers,
and butchers slaughter bcuses-and yet
even this may be restrained by the act OF the
under heavy penalties rs IL put
In wrong place; and the like law rs TO the
soap boiler-on the great principle, that the
place Of such business must yield TO the
health OF the community. I
60 with card playing why there is no
harm in the cards nor the honest use OF
them, except the waste Of time and though: ,
But il q man sets up gaming table and
draws in the young and entices men from
their homes and families TO play Tor money
Or its worth, IL Is aagraut nuisance, to be
put down as q eorrupter OF the morals. IL
leads to idleness and vice and profiigate
Ii assaults the virtue OF the PEG.
ple and the Legislature as the protector OF
the pubicweal should suppress il.
And the race course belongs to the same
class. A man trys the speed Of his horse
on his farm or on the highway. IL Is law
ful he may indulge in the amusement with
out elimination. Bu, should he step lit
tie further and challenge 10 u public race,
when bets are TO be made or gathered, it IS
n nuisance wholesale demoralizer. IL
temp,s industry away from safe and honor
able business-it invites the young and I'M
wary TO doubtful and corrupting companion
shin, open, the door and payes the way to
nil manner of evil. The Legislature from
the frs, forbids il in our own State. At !.
ono short period they were prevailed upon
10 r,pesl tho lcence law but this opened
such 1oodgato in the influx OF dissipation,
gambling, intoxication, and dcpraSity, that
they soon restored the law to our statue
book with increased penalties. And 1t this
may subjec, TO heavy penalties persons en-
gaccI in this unlawful business, what Is
there in intoxicating liquor bought to be
sold contrary TO law TO move the law makers
20 any partial legislation exempting this
scourcc 10 our race. And IL stolen goods
NAV be searched Tor anywhere, on magis- /
trate's warrant, after oath made by cred
table witness OF his belief thit they arc 50
concealed FOE unlawful sale. Tho case oil
lotteries gives striking analogy. Our stat
utes forbid the setting up oil lotteries n
lottery is a nuisance because 1t enticeS men
10 put their earnings to the decisions OF
chance, and this in itself is corruphns-.I
and because IL tempts them to idleness and
neglect Of all domestic duty, aud therefore
IL i prohibited. And inasmuch as any at
tcmpt 20 regulate such an enterprise would
be vain, the Legislature would eradicate tho
evil and Iorbio under penalty tho sale oil
lottery tickets.
IL Is perceived, therefore, that matters
and pursuits right ul in themselves, become
nuisances rs they injuriously affect the health
or morals. And this feature OF legislative
power may be seen in our Oldest codes oil
law. applied also to other kindred cases.
indeed the doctrine may DO traced tar into
past ages Of the common law. IL Is rooted
In the first principles Of public d'uy and en-
lightencd conscience.
Now the traffic in intoxicating liquors as
n beverage tried by these great rules, stands
Mt the he al of all mischievious trades. We
have tho painful experience OF more than
sixty years, that il has been always regard
ed as AN insiduous enemy to public health,
purity and peace. Tho Legislature Tor oil
that time and longer, has been engaged in
the Ruthless a,,emp. TO regulate the busl-
ness by license TO q selected few, by prohi.
bi,ion against sales by small measure-and
A liza