New-York daily tribune., 1855-08-27
RROWN ON RRANDY.

truly paTsded in certain journals as decision
Of our Supreme Court against the constitution
ality Of the Liquor Prohibt tion. 1t is true, We
deeply regret to say-and he will live to regret
il, if he does not already-that Judge Rock
wELL--who owes neither his nomination nor
election to the Liquor interest-has been led to
concur in the decision of two Of his colleagues,
that the Judgment OF the Court below against
Btrberrich and Toynbee, convicted of violating
the new Liquor Law, should be reversed and
annulled but it cannot be that Judge Il. concurs
in the bsr-room Opinion pronounced on those
cases By John W. Brown. Indeed, it is distinct
ly stated that both he and Jadge STRONG dis
sentee, and will write oat separate O2in ons.
They csnlot do it too soon for their Own repu-
tation.
As to BrCwD, We presume no one who knows
him, if only by his public reputation, expected
ANYTHING different from ha. 1t is like him all
over. He happens, unfortunately, to be one
thiriy-sixth part, physically, of the Supreme
Judiciary Of our State; and his Opinion will
prove temporary embarrassment to the execu-
tion Of the Liquor Law until the Court Of Ap-
peals can get hold of it. For this reason-and
not because it has any more intrinsic value or
weight than sny stump speech made BY Rynders,
Dan TAYLOR or O'Keefe on the same side-we
propose to pay some attention TO it.
We will begin by quoting in full Browns dis
play of erudition and logic on the fundamental
question He has been studying Alcoholic
Beverages historically and physiologically, AMI,
warmed by the contemplation of the theme-per-
hsps by something more than the dry, abstract
contemplation of it-he psurs forth the treas
ures Of his knowledge and enthusiasm as fol-
lows:
IS LIQUOR PROPERTY
Tbe taste for intoxicating drinks is thought TO be
an instinct of nauIe-sn operation OF the princi-
ple Of organized life and not artificial appetite or
desire peculiar to tribes and loduced by habit
OF climate OIL er external influences. History and
tradition c0rrobote the results Of chemical and physl
illogical nvestig alton. WIKI the earliest Hebrews,
the most ancient Egyptiars-with the refined intel
ectual Greeks, and the robust and resoute Romans-
wine was the favori.e beverage, if not part of the
Gus omary food. Among the nations whose empires
were upon The shores of the Mediterranean and IT'S ad-
scent seas oI before the Christian Era, the fruit OF
the vine and the olive together with the cereal grains
we're the staple products of agriculture and the prncl
Ile articles of trade and commerce. Savage and civil
lized tribes, remote, the houseless barbarian
waDdeIer the settled peasant and the skilled citizen,
all have found without tintercommunion, through some
common and instructive process, The art OF preparing
ermented drinks, and of procuring for themselves the
enjoy ments and N series of Dtoxcaon. The JUICE OF
the cOcoanut tree yields Its totdy wherever TINS yalu-
able plant can be made grow. Another palm affords
ferInented wine the Andean slopes OF Chlli the
suearpam in'o1icaes in the Indian Archipelago and
among the Mouccas and Philippines while the pest
palm wine Of all is prepared from the sap OF the
oil-palms Of the African coast. In Mexico, the
American Aloe gave it, much-lovel pui7ne, and prob
ably also its ardent brandy, long before Cortez
invaded the ancient monarchy OF the AZtecs.
FIuits eupply the cider, the perry and the wine of
mary civilized reeioIs bssisy hnd the cereal grsins,
The beer and ale of others; Fhie the milk of their
breeding mares supplies apwH to the wandering Tar
eitier the mild, oxhilaratng drink ardeutly
intoxicating spilit. And to our wonder at the wide
prevalence of this taste and surprise at the
cess with which in many different ways mankind
hos been able TO crafty il, the chemist adds new
wondei and surprise, when he tells that in the
Of bic food Ia preparing his intoxcatlng doks
man has eve where come TO the result. His fer
mented liquors. wherever and from whatever sub
stances PREPARED all contain the exciting alec
hol, producing everywhere, upon every human being,
the same exhlarating effects. The wines Of France,
Italy and Spain, the beer of the German States and
the ale ard porter of the British Islands enter largely
into the domestic consumption OF the inhabitants OF
those countries as part Of their daily food With
our own citizens the use of ermented liquors, in
form other, is al bHt uHrersal Either as beyer-
age in the preparation of their food few families are
entirely without it, Should these facts suggest the
probable result Of movement 10 quench the appetite
50 prevalent and so deeply seated by interdctiag the
use of the means rkie1 cise and 6eaefeem Proci-
dence has ereryrkere furnished for rs grat!fca-
ton, pm they also show that whenever and
wherever man rises above the savage and
begins to exhibit the rudiments of ciyilza-
iion, intoxicating drinks and the fruits and
plants and grains from which they are e1-
pressed or extracted among the first things
which he separates from the common stores Of nature,
appropriates TO individual use and impresses with the
character and attributes of property. Chemical and
physiological science must determine whether alcohol
The essential element Of intoxicating liquors, is food
for the invgoration poison for the destruction of
the hun an system The lac IS 0Rly concerned TO kR0U
A1her theg tall vithin the catalogue Of things raick
Il recognises property fad defRiti0H Of prop
ery that does not Apply 10 Intoxicating liquor. Ii has
been separated from the common stock of nature for
private use. il is that over which man may exercise
absolute dominion, TO the exclusion of every other
person. BY many it is regarded as an article of diet
by all a. Cne of trade. II is bought and sod lost and
acquired, Ise other property. The law IN question
tcats il propertyauih0rizes Its sale under certain
limitations end for certain prescribed uses And when
il speaks Of its forfeiture, it means forfeiture of the
right of property IH erery sense Of tie terB H is
progerfy en2oWed nth the same yigEts and suJject 20
The same measure Of control oker property, and no
more."
Now il is well known that beside our SIX
thousand grogshops, We have q very large num-
Der of gaming houses and brothels in this and
other cities-all intensely sympathizing with
their compa.riots now assailed ana threatened
with determination by the Liquor Law These
as we'll as these, appeal to human sppetiteS
which pervsde every nation and community,
though the indulgence Of neither these nor the
liquor is (as Brown asserts of the latter
"all but universal" But wha: if it were ?