Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1855-06-06

each individual has right to use his
own property without restraint, which forms -
the major premise of this argument, is gross
ly fallacious and untenable We are not
beasts, but social things endowed with the
elements of the highest improvement; and
as such, must necessity surrender portion
of our SO called natural rights, by making
a sacrifice and compromise for the general
veal Natural liberty is necessarily limit
ed by mans social condition; and such
restriction the State is compelled to impose
both to ensure protection against evil and
to further the ends for which it was or
ganized. A citizen may be in the possess
ion of lawful weapon but to inhict death
or injury with it upon his fellows in a wan
ton, cruel manner, would be an act of su-
perlatiye guilt Each one has a right to
use hiszowD property Sor the promotion Of =
his special interest and happiness, SO long
as he does not interfere with that of others.
And in like position must the dealer in
intoxicating liquors be placed To res
trict him in the improper use of his danger
Gus commity would be in accordance with
the end and aims of government. Forwhat
is the object of government2 Certainly
not to expose its subjects to the out
RACES of violence and brutal force. Far
from it. Its end is protection-protec-
ton of the weak against the strong
of the innocent against the lawless and
guilty. But the chief power, the sine qua
non of protection, is prohibition. Every
statute of the penal code is, strictly speak
ing, a prohibitory law, based upon the pre-
sumption that some private right and in
terest has been and may be again invaded
Law itself, is nothing more than shield
with which to protect the weak against the
strong, and to secure justice to all
Every reasonable man then, will admit
that whatever seriously disturbs the quiet
and peace of the community, falls under the
jurisdiction of law as something TO be sup
pressed ifpossible. Now is not the Traffic
in alcohol an agent calculated 10 produce
this effect! 1t scarcely calls for even so much
as assertion. 1t will overbalance by the
enormity of its evil, the combined effects of
theft, arson, and host of other offences
punishable BY law. 1t stands impeached
in the name of law and libelty-in the name
of all that is holy and sacred, as the great
fountain head whence springeth all those
woes and ills which human flesh is heir to-
Like destroying angel, commissioned and
deputed by the law itself, it wings It's way
TO every palace and hovel in the land,
bringing naught but ruin and desolation.
Yet while the right is granted to prohibit
theft, gaming, counterfeiting, lewd houses
and the like, we are not allowed to suppress
traffic more appalling in its effects than all
these infusing, as it does, its baneful pois-
ons into every vein of the body polite.
Where's the consistency-where is the
iustice-where the policy of such legislation!
The right to legislate in the one case i'm
plies the right to legislatein the other; while
the most formidal lie array of trightful facts
prove the necessity Of so doing
But as a last resort, the rumseIIing cavil.
Ter, and the opponents of law so beneficial
in its tendency and benevolent in its aim,
take refuge behind the Constitution Of the
US. prohibitory law is unconstitution-
al, it becomes SO either by violating some
article of the Constitution of tie Union, OF
the Constitution Of the State We hear il
asserted that the Stale has no right to inter
: pose the strong arm of the law to suppress
this traffic because the rumseller pays a duty
, upon bis goods and therefore has right
/ to sell, superior TO the power Of the State
e TO forbid his so doing. But the Chief JUS
tices of Supreme Court have more than onct
8 decided that prohibitory law is strictly il
5 accordance with the Constitution A Stat
2 has the power to regulate its own trade
Chief Justice fancy declared - Ever
D State may regulate its own internal traf6
s according 10 its own judgment, and upon il
i own views Of the interest and well-being g
o its citizsns.--If any State deems the reta
e and internal traffic in ardent spirits iniuriou
e to its citizens, and calculated oproduce idle
o ness, vice, or debauchery l see nothing in th
it Constitution of the United States, to prever
n it from regulating and restraining the traffi
E. or from prohibiting it altogether, if it thinl
it proper And such has been the declare
e, opinion of many of the Justices and Assoc
ID ate Judges. This, too, is the policy pursue
by every State in the Union in other article
/? and why not in this Does not Sout
ar Carolina say to her citizens You shall
as allowed TO traffic in slaves within the borde
a. of the State,-while New York denies Il
ef same privilege 10 her citizens?
ne And will any reasonable man, who is at
vers ed in the character of our government,
he candor say that a community or State has
en- right to abolish a nuisance? Should any m
all or number of men, import and engage in (
al traffic of an article which all know and feel
be destructive of the best interest of the peop
. who will say, that from the fact that such
d" article is not specifically denounced by
ION Constitution, therefore we have no powerto 81
an press it? Never could our ancestors-ch
has acterized as they were by wisdom and force
on. have been capable of framing and adopt
NOT Constitution SO improvident and tYranni'
AS far as the State is concerned, the qu
ins ton has long since been decided. 1t has,
us the adoption of the license system, bolC
the asserted its right to regulate it Gd hbituHl
, a The right to take ten pounds implies
cic- right to take a thousand So the State
ect the only umpire as to how far its interfere
~ shall extend. The license is prohibition
the strictest sense Of the term. 1t is res
ing the traffic from the hands of the ms
orn and confning it to the few.
ey' It is saying to A. B. and G. you may
the allowed to sell while to all others it infu
our the same privilege.
ing We are thus led to conclude that a 81
lib has perfect right to suppress mischiev
oon business. As to the expediency, we
ous. here say nothing only that it is our hum
The opinion that no greater blessing could