New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-23


sponsible for Am
Goytrnuent, through its License policy, san n II.
citizen: "Yoa wan. liquor TO drink; We believe ,os
should bavc il for this pIrpose, and acc,.s;avI,
equality q retailer, who will furnish i. We p-syla
she me ne for you to supply You seli with atsIc..
I'll oiinks in q legal way and OF good nora
"oea'er" The citizen dr;nss; be drinks for d,
pleasure, exl paraiion and excitement, and for %
other purpose But the Alcohol work its nstsrL
efTect--ino1icstes and make hin furious; Snl il
drunken paroxy SIN be take the life OF another. lie
i- aIrsisIed for murder aud pleaos innoceGce os.oe
the Judge. He Gays: 4" | an guuuess OF TIA. vash
alone consiu Is the essence Of cri ne-Ae evil
" intention, the malice prepcHse Killing is not mar.
Ger; Il Hus, BE- preceded by the proved mareroas
intent There Is and can be no other measure q
Z" crime than crImnality OF purpose did not oele-
"erstely pan the deed. and | tore no mallca ~ he
deceased. OF the transaction have no r'coilse.
"ton; the violence must have been committed dar.
ing the frenzy of intoNcst;on. Ahena'io, ct mud
"mpsrs responsibility; | plead Innocence on the
ground OF insanity Now, wha, Is GOvvrnnnt 70
90 ? il lie in dilemma. Shall il convict waere toe
yiis element of crime is waoting or shall acqai
and thus declare the countless array OF msdees Which
spriug from The use of Alcohol 10 BE- uncrminA and
unieser wing of punishment Ii the latter, Where
docs il stand IL has given its Endorsement 70 the
general use of Alcohol, and by hooing excased al
who commit misc emeauors under ne lotuenoe It mus,
itself take he responsibility IL invited lts prlso1er
TO the act wb h produced the crime; If il now dc
CHARGE him IL must stand IN bis place ss me guilty
declsts the prisoner guilty. Bat upon whst osss'
Government replies, through Its Judge: "foc cannot
abe al lowed ope,d insanity 10 exIeoustion OF YOU
"crme for that conditlan volan arily broasoton
Ii would be- dau e rous dOcIioe 20 eA use yoa oa
"such grourd every eulpTit would pleai ia,oIios
" too in apology for overt acts. You haa no business
"to be under the inhueI &c OF Alcohol; the courts
"hod that drunkenness Is in itself crime. and he
60 who alleges It AZ an excuse attempts To take a.
"'vantsee of his own wrong; you 10 be held a..
- aC' a
"what lptemptrance has brought yOu;' and, after
reading the wretch homily upon bal habs, he
orders him away 10 the cord OF the stranger. Can
such proce. dir he dgni6ed with the name Of jus.
tice Did not the convict procure the crime-nc
at the place which Government had provided b dis
pense it Did Government teach tho crimiaality Of
thinking VIXEN II employed and empowered "goot
moral men" TO Furnish the liquor Did not the
License systcm directly provide for that crime, lare 10
IT, in a BIZ sense LeeaG;e IL Did Government no,
SOW the seed and then repudiste the fruit BY what
right il extend its sanction TO the opening Of
run shop divide the profits with its manager, and
then hang man for the natural consequences OF put
ing the establishment 10 the u for which it was de-
signed
/ have assumed a case TO make clear the principle,
but il is hardly fiction. Such exact words may not
psss between Judge and culprt, but instances are con-
iiLuay arising in he courts where tho facts you'd
sbuDdsntly warrant the language. John Buruet aud
George Sonberger of Schohare left the tavern Of Solo
mon Pratt drunk. In this state Burnet killed Som.
berger and was tried and exeou ed. Michael San
ford, counsel for the defense, said on the trial:
The trait 10 rum produced This unhappy result
hasteued SurI berger ART ed TO the trbuna Of his
Maker, deprived his wife of her chosen companion,
his children OF their earthly protector, and brought
this prsoper if he be executed 10 an untm ly death
IL unrigbteous law that commissions ole elass OF
men to deal out 10 another class an ageo 10 produce
crime while at the same time It provides prisons and
stfxes tnalti, 20 punish all such OIL nses hate
this law, and its miserable eii.c haye led me for
IN. LaI.a
persnce. These landlords Commissioned by govern.
ment are themselves responsible for the crimes OF
their victims and if heir little burning bells were shut
up, man might 80 TO heaven"
How TO deal with crime committed under the iniil.
ence Of lntox cation has long been thorny problem
for iurists. Tie rule which Government estabhs O.,
to make the drunkord respons bic, ia one which Il
applies 10 no other case. la many Instances mental
ale nation is voluntarily iOou ed by haoiis which
entirely under under the ndlvitua controls but Gov.
errment does not 90 beyond the iosaoi'y Itself TO in
0ue into the nature of the which produced il.
A. Judge Story remarks: Many speciss OF insanity
"aIise from what in mora point OF view, u 6
criminal negec, or fault of the party-as from rel.
gious melancholy, UNIQUE exposure, exIayagant
"prde and yet suc1 insanity has always been deemed
a sufficient excuse for any crime done under lie n'
"fuence" The difficulty Enforcement IN reference
TO the insanity produced by Alcohol spriogs from is
double policy concerning that a ont. Ito language
TO The muniy, through the Licence system Is that
drinking is necessary and proper; its laagusge from
the bench to the criminal is, that drinking Is crime
To be consistent and straightforward il mast do oue
OF two things; either Withdraw It's sanction OF NE
drinking habit or take away It's penalties from the
legitimate consequences of that habit. Let the legs
lature do its utmost to prevent men f'om making
criminals of themselves, and II will then ttaad IN
faireI relation 10 tho ques ion of their puDs nent
The incor sistency of Goveroment is equally pslpa
BILE in o. her directions. While wi one baud Il aids
in scattering the facits Of education 10 enc )ursse
the grow til and increase OF MUD with the other band
it disseminates mental imtecilry, idotlsm, insanity
ard every form OF intellectual ruin. Whils II pro-
notes the interests of iculure and cheers on Undue
Try and the borehcebt production OF wealth, al the
same time consents to the wanton destru; )n OF NIL
lions Of bushels OF grain every year 10 oe roL'ed aad
changed to a malignant poison 20 damage the BRAN
Of the thinker and paray the muscle OF the aoorer
Of those things II is impossible now - speak. nave
confined my structures chiefly b the influence Of A.
cohol ia producing crmLalty because toe most ultra
sckler for the restriction Of legislative over VIII sd
NIT that Government II entirely competent 10 Com
with the question OF crune.
Tie light which scerce casts upon the nature and
power of the appetite for alcoholic liquors should
affect the policy of legislation. Ii Is Law oil the
constitution that any mode Of activity which has once
been strongly impressed on an organ or par, nss s
tendency 10 perpetuate itself Thus scaf eit after
the healing Of wound, grows and assIinila'es NJ.
tritve material exactly as do the healthy beisooorng
parts; so that scar which chilli might have ssii
TO be long as its finger Will stih 90 as ions q hs
finger when be Lecomes man. " When the mode
Of nutrition in any part has been altered by disease
there frequently obs inate 'endeDcy TO the per
"petuation of the alteration or, II the healthy sc'
siior be for time restored, thee peeuiar ten iency
"io the removal Of the morbid pr Jcess In the part;
4" and this il stronger the more frequently i occurs,
" until at ast it becomes inveteratey established
Now, in confornit y with THU physiological law,
there can be 10 doubt that the frequent presence 81
Alcohol in tae brain So moe ifes the nutrition Of the
organ as 10 lay the foundation of morbid require
ment in the cerJral structure Hse while the bain a.
il were gYors 10 that state Of mind which the poion
induces. The demand for Alcohol thus beoo ne To-
trenched in the very TENDENCIES Of organic reprodac
ton. DIR. RAY in bis excellent work, The Medical
"Jurisprudenco of Insanity" rmafks: