Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-03-16

between that Is which legal and that
which is right. This margin should
be sacred to the rights Of the people.
Again: in legislation, more than in
morals, does Il behove the representa-
tives Of people 10 refrain from the
petration OF wrong even to secure
the most decided right. "Let justice
be done, though the Heavens fall" is
a maxim sanctioned by the wisdom of
ages. Legislators should not pass any
laws which do not accord with the alb
stract and the strictly just. whatever
be the accidental evils which may
flow from the want OF them. A sys-
tenn Of Legislation adopted BY the per;
fectionist school OF statesmen would
lead TO the wildestresults. A system ad-
ted TO prevent evils before they hap.
pened, moral reform statutes. would
extend TO indcflinate results and
would be the prolific parent oftyrany.
We can, each and oil Of us, assert that
Il we're better TO do things which are
now LEFT undonc and not TO do these
which are done: we will readily agree
that Il werc better that all men at
tended religious worship on the Sab.
bath; that II were better that men did
not chew tobacco, nor use various
common beverages; the optimist will
name advantageous reforms TO you by
the hour. Yet, will men seriously
contend that Legislatures should
therefore degenerate into societies for
the moral reformation Of communi-
ties. Or will ihcy not rather consider
our lawmakers as individuals whose
duty tits to consider humanity asst is,
TO preserve sacred the letter and the
theory of the constitution. to secure
to individuals as much individual lib
erly as is consistent with the rights Of
men in the aggiegate-as men who
act for the real and not the imagin-
ary.
In adopting system OF moral re-
form Legislation, where is to be the
limit Of amelioration, and what is 10
be the criterion which is to decide
where the rights Of citizens cease. and
at what point moral reform by legis-
lation should commence? Who is to
tell when an evil, entirely social, has
become so great as to demand the in-
terposition OF the law? Laws are
enacted 10 punish crimes that are
committed. or. again, TO put down
nuisances, something not abstractly a
crime, but often the causeof crime
Under this head. will readily ac-
knowledge that the Legislature Of n
State. should consider It's duty 10 pro-
hibit the retail of spirituous and i'm
toxicating liquors by the glass, as ex.
perience has incontestably shown that
retail liquor shops are unfailing sourc-
es Of crime. Again, when any article
of consumption is acknowledged 10 be
per SO, and in any quantity, however
minute, poison, and invariably deli.
terious in IL effects, except when used
as q medicine, the Legislature may
prohibits ordinary ale. But in the
case OF wine. cider, and pure alcho-
holic liquors, experience has not
shown that they are per Sc injurious.
Certainly no people are more healthy
than the inhabitants Of southern Eu-
rope, whose daily beverage is wine,
nor has II been charged that the peo.
pie Of Germany. who drink habiually
the pune wines of the country and
beer and ale, are not q healthy race.
That the juice Of the grape, is Of itself
poison. has not been asserted by
any impartial scientific writer.
That the immoderate use Of uny
cxhilarating beverage is injurious all
acknowledge, but who Is 10 decide ex.
cept the individual. what is immoder-
ate use? The whole subject involves
a qestion ofindividual rights and pri
vate judgement. That man, who. for
a series Of years has drank glass Of
cider at his dinner should not be pun
ished because his neighbor has drank
too much bad whiskey. There is
certain some point at which the rights
Of men commence, and II the law shall
sit as mentor at our private boards
and prescribe what wo shall drink, il
may as we'll prescribe what shall eat
it will become impossible to tell where
that point is. IL the citizen cannot
control his own diet, but must be ruled
in its selection by law, ] is really diff
fcult to perceive to what unjustifable
ends Legislation may not be pushed
That the diet is not controlled by this
prohicitory act is a mere subterfuge
as the whole object of the law is tc
prevent the consumption Of liquor.
So much. fellow.citizens, by way
Of premise on the principles which in.
nuenced my vote against the prohibi'
tory act. But the act itself is SO alb.
horent to justice and right that ! fnd
in its own provisions, leaving abstrac,
principle out Of the discussion, suffi.
cient to justify my opposition to it.
Let US then, apart from any party
views, for this is not a party question
review the prominent sections of thil
act. tls
| ist. Ale, porter, beer, cider ant
wines can be sold by rcgularlyap
pointed agent, who can sell for me-
chanical, medicinal, chemical ant
sacramental purposes only. The per
son who raises the grape and the ap
pie. and himself manufactures the ci
der or wine, may sell in quantities no
less thans three gallons at time. !
there is no agent, no liquors cal
be sold, and no one can sell il
small quantities except the agent
Cider has thus become by Legislation
a huge evil.
: ed. The manufacturer must get
{ license from the County Commission
{ ers, which they may at any time an
nul or withhold altogether. But i
: censed or not, he can sell only TO IN
A agent. II
: Sd, The County Commissioners n,