The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-29

Within the past two or three months q |
great change has taken place in public sem
timent, as well as in the opinions of many
leading temperance men, as to the feasibi-
lily Of prehibitory enactments. The leading
journals, both In the large cities and in the
country, have almost invariably pronounced
against such laws, and it seems to be the gene
raj opinion that the great evil of intemperance
cannot be cured by law. There was once
great Roman who submitted with an immovable
countenance to an exceedingly painful surgical
operation, but who soon ordered the surgeon to
desist from his labors, saying that the cure was
not worth the pain. So it is wlth the vice Of
intemperanoe. The people of the United States
are not all drunkards-the temperance
tracts to the contrary Notwithstanding
and because the few abuse ardent spirits,
the many will not submit to a total prohibition
of their use, nor will they allow great CONNER
Cial interests to be damaged to satisfy few
bigoted parsons who are insane upon one point,
and who neglect the souls of their focks while
| endeavoring in vain to regulate the appetite Of
| the public.
For practical proof of the truth Of the
above statements, we have only to look at the
recent popular election in the State Of Illinois
"a State the progress and prosperity of which
is almost unexampied, even in this country. It's
agricultural productions are unbounded-its
trade has increased with almost miraculous ra-
pidity-its population is chiefly made Of solid
| farmers and substantial merchants active ear
nsSs, enterprising, intelligent business men.
The question Of a prohibitory law or not was
presented to these men short time since. 1t
was Invested Of all extraneous issues-a plain
yea or nay was required. The result shows
majority of fifteen thousand against the law, in
a total vote of one hundred and eighty thou
sand. This result in Illinois, and similar
failures elsewhere at the West, is not be-
cause the people there drink more liquor
or love it more than the people of New
York or New England. Had such law
been presented to the merchants and farmers of
the West befo1s they had an opportunity to see
it's practical workings in other States, the re-
suit would probably have been different. But
recent events have shown to them clearly that
the medicine is wore than the disease. All the
Geld water oratory in the woodland Illinois
was deluged with it could not wash out the
stain of the blood shed at Portland, the home of
the Maine law Hence the present position of
Illinois-hence the fifteen thousand majority
hence the one hundred thousand farmers and
traders of one of the most important States in
the Union arrayed in opposition to prohibitory
liquor laws.
Now let us look at the position of affairs
nearer home.
We have seen in Maine-the centre from
which prohibitory agitation sprung-a riot,
bloodshed, and the tide of public opinion COM
pletely turned against the great apostle of the
80 called reform. Should such men as Neal
Dow remain in office year longer, the people
of the State would be clamorous for repeal of
the enactment which places the power of life
and deathin the hands Of men without common
sense or ordinary discretion. In Massachu-
sets the cause Of the prohibitionists does
not seem much better. The first appealed case
under the amended law was tried last week in
Boston, when the jury acquitted the defendant
without leaving their seats. The same Legis-
lature which made the odious amendments to
the prohibitory law, also placed on the statute
book an act by which jurors are made judges
of the law as well as the fact in every case
Consequently, the jurors now assume to try
the consttutionality of the law, about which
delicate point even temperance men have
doubts-doubts which must 60 in favor Of the
defendant. In consequence Of this fact it will
be impossible to obtain a jury in Boston that
will convict under this law; and as q sequence
to this it follows that it can never be enforced
in that city. A similar state of things exists in
Springfield, and other large towns in the State.
In New Hampshire, the Legislature not only
refused to engraft upon their law the Massa-
chusetts amendments, but raised special COM
mittee to report notifications to the present
statute on the subject. In Rhode Island the
law is almost dead letter. One Of the
most eminent jurists in the United States
Chief Justice Shaw, of Massachusetts-has pro-
nounced one section of the law ridiculous and
absurd, as well he may. 1t provides in ap-
pealed cases that the defendant shall give Sc
curity to "keep the peace and be of good beha-
viour' until he Is tried. To keep the peace
before he has broken ito be Of good beha-
viour, when in the eye of the law he is entirely
innocent of the slightest crime or misdemeanor
Good for Massachusetts,
In the face of all these things we have Mr..
Secretary Narcy's proposition for national
prohibitory lava very bad move for politi-
clan in the present state Of affairs. Marcy
would do well to review his position and the
signs of the times before he advances another
step as the chosen leader of the National Pro-
hibitory League. If law Of this kind were
placed before the people of the United States
tomorrow, three-fourths Of them would say
nay to it. Marcy will find it difficult to get up
national party on the cold water platform.
Let him remember Illinois and the West.