Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1855-03-08
For the Daily State Sentinel.
To the Citizens of Franklin County.

For the Daily State Sentinel.
To the Citizens of Franklin County
During the recent session of the State Leg
islature, a Bill, now passed into a law, COM
monty called the Prohibitory Law, came up
before the Senate. AS member of that body,
i deemed it my duty to vote against that act.
A proper respect for those of my constituents
who disagree with me on that VOTE requires
that should briefly state the reasons which in
huenced me in giving it.
A wise republican people will never trench
on the grounds of doubtful eonstitutionality.
Where a law is not clearly constitutional it is
the part of wisdom to refrain FINN adopting
it, Otherwise, the constitution will be fire.
quently brought into disrepute Men will
lose that respect for it which freemen should
entertain for the fundamental law" and
habitual doubt will produce a latitudina-
rian construction which in the end will
bring about revolution or anarchy Nor is il
proper for free people to enact laws even as
stringent as the letter of the constitution might
warrant The faultiness of language, the i'm
possibility in many cases of expressing the ex-
act idea of the law-giver leaves often mar
gin between that which is 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 it behove the repre-
sentatives OF people to refrain from the per-
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
abstract and the strictly just whatever be
the incidental evils which may flow from
the want of them. A system of legislation
adopted by the perfectionist school of states
men would lead TO the Widest RESULTS A
system adopted to prevent evils before they
happened, moral reform statutes, would ex-
tend to. indefinite results and would be the
prolific parent of tyranny. We can, each and
all of us, assert that it were better to do things
which are now left undone and not to do
those which are done we will readily agree
,sezekhette'-1 :. -. a, NE i tended rel-
gious worship on the Sabbath; thar ~ were
better that men did not chew tobacco. nor
use various common beverages the optiim-
ist will name advantageous reforms to YOU
by the hour. Yet, will men seriously con-
tend that Legislatures should therefore degen-
crate into societies for the moral reformation
consider our law makers as individuals whose
duty it is to consider humanity as it is, to pre-
serve sacred the letter and the theory of the
constitution, to secure to individuals as much
individual liberty as is consistent with the
rights of men in the aggregates men who
are to act for the real and not the imaginary
la adopting a system of moral reform leg
islation, where is to DO the limit of ameliora-
ton, and what is to be the criterion which is
to decide where the rights of citizens cease,
and at what point moral reform by legislation
should commence? Who is to tell when an
evil, entirely social has become so great as to
demand the interposition of the law Laws
are eracted TO punish crimes that are commit
ted, or, again, to put down nuisanees, some
thing not abstractly crime, but often the
cause of crime. Under this head, will readily
acknowledge that the Legislature of State
should consider its duty to prohibit the retail
of spirituous and intoxicating liquors by the
glass, as experience has incontestably shown
that retail liquor shops are unfailing sources OF
crime. Again, when any article of consump-
ton Is acknowledged to be per sc, and in any
quantity, however minute poison, and In
variably deleterious in its effects, except
when used as amedicine, the Legislature may
prohibit its ordinary sale. But in the case OF
wine, cider, and pure alcoholic liquors, ex-
perlence has not shown that they are per s.
injurious. Certainly no people are more heal
thy than the inhabitants Of southern Europe
whose daily table beverage is wine, nor has il
been charged that the people of Germany,
who drink habitually the pure wines OF the
country and beer and ale, are not a healthy
80 81 "a ,,f ifSol
poison, has not been asserted by any impair
tisl scientific writer
That the immoderate use of any exhilarat-
ing beverage is injurious all acknowledge, but
who is to decide except the individual, Whit
is immoderate use The whole subject in
wolves question of individual rights and
private judgement The man, who, for a
series of years has drank glass of cider at
his dinner, should not be punished because
his neighbor has drank too much bad whisky.
There is certainly some point at which the
rights of men commence, and if the law shall
sit as mentor at our private boards aud pre-
scribe what we shall drink, it may as well
prescribe what we shah eat and it will be-
come impossible to tell were that point is.
If the citizen cannot control his own diet, but
must be ruled in its selection by law, it is
really difficult to perceive to what unjustifi-
able ends legislation may not be pushed.
That the diet is not controlled by this prohibit
tory act is a mers subterfuge, as the whole
object of the law is to prevent the consumption
of liquor. d .alllta saa
So much, fellow citizens, by way Of premise
on the principles which influenced my vote
against the prohibitory act. But the act
itself is so abhorent to justice and right that
find in its own provisions leaving abstract
principle out Of the discussion, sufficient IL
justify my opposition to it.
Let us then, apart from any party views
for this is not party question. review the
prominent sections of this act. l.I 7...l..f
lst. Ale porter, beer, cider and wines can
not be sold except by a regularly appointed
agent who can sell for mechanical, medicinal
chemical and sacramental purposes only. The
person who raises the grape and the apple
and himself manufactures the cider or wine
may sell in quantities not less than three gal
Ions at time If there is no agent nc
liquors can be sold, and no one can sell in
small quantities except the agent Cider has
thus become by legislation huge evil
3D. The manufacturer must get license
from the County Commissioners, which they
may at any time amul or withhold altogether
But licensed or not he can sell only TO h,
agent .5ss5.ll tl.....tI II. .-l.44l
| Sd. The County Commissioners are to ap-
point two agents in each town ship. A large ror
ton of the citizens Of each township are in
capacitated to hold this Office. Norman who
keeps a house of public entertainment or o.
public resort, such as boarding house keepers
confectioners, &c, or the agent, captain, o.
clerk of any boat, &C., can be appointed al
agent under this act. Thus rights are nc
more to be equal and the same in Indiana
men following certain occupations are inca
pacitated to hold Offices created by law
4th. The agent is to be the judge as Il