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

piana--men following certain occu-
pations are incapacitated TO hold offices
created by law.
9TH. The agent is to be the Judge
rs 10 whether an individual requires
liquor for medicinal purposes. lie de.
cides whsther you arc sick or well.--
The law prescribes for you. There
Is no appeal from the agent, and you
may be dying and drink might save
you, but If he refuses die you must
Ia not thls remarkable power TO
confer on an individual? The Coun-
ty, too. becomes party 10 the III quor
traffic. You are TO be taxed 20 buy
liquor for the agent TO grow rich on.
He can only sell, IL Is true. al e5 per
cent advance on cost. but who is 10
regulate the costY lie may buy at
three prices nominaiiy. If tho agent
buys liquor and does not selllt, the
county loses. The county ls q partner
in liquor selling is this rightg If
you make cider and drink IT, you are
degraded from your rank as u free cid.
zen; you are incapacitated TO serve on
a jury. in any case arising under this
act, In this republicanism, or Is Il re-
ally crime 10 drink cider?.
9th. If liquor be found in any pub
lie house il is proof that 1t was kept
for illegal sale. The evidence is pre-.
sumptive of guilt and the owner
Of the house must prove his innocence.
The farmer who occasionally takes in
peraons for the night, is presumed to
keep public house, and IL he has
any liquor, is presumed to keep il for
illegal sale and is subject to the penal
ties Of this actl
9th. On the affidavit Of three indi.
ylduals your house may be searched
from top to bottom, ifin any part Of il
there is tavern, store, grocery, bu-
siness office, shop, DC. or your pri-
vate dwelling, disconnected from any
of these, if six months before the oc-
cupier has been convictad under this
act. need say nothing about the
search, seizure and confscation. II
you, fellow citizens, are willing that
on the oath Of any three scoundrels
your houses may be searched. am
not. You have to remember that this
search is not analogous TO that for sio-
len goods, for there is no precedent
crime alleged, The liquor is to be
confscated, too. although Il may be
kept for legal purposes. There is no
similarity in the con6scalion Of coun.
terfeiter's tools, for they eannM Be
kept for legal purposes. ! must
express my opinion that reforma-
tons are not to be brought about
by overriding the theory Of the Con-
stitution.
9TH. There can be no writ of rcple-
vim, no trial Of right Of property
Whoever be the owner Of the articles
seized, nothing but an appeal is per-
mitted.
9th. The County pays for the liquor
to be used. II also pays all the costs
of prosecution. No matter whether
the case goes for or againt the Coun-
lty, the Constable gets his,pay, and |
leave you to consider whether this will
not sharpen the wits Of some Of these
legal gentlemen amazingly, and
whether the taxes will not increase
under its operation.
9th. No spifiLuous liquor is TO be
given away in any hotel OF house OF
public resort or entertainment. A
traveller may suffer or may die. but die
or suffer he must, nobody bu, the
agent can prescribe for him.
These arc some Of the salient points
in the prohibitory act. / leave you
to Judge whether temperance. morali.
ty or justice demanded Of me to vote
in itsfayor, II is an act which vic.
lates the theory ifnot herecords Of
the Constitution; it bankrupts n large
portion Of our people; its punishments
are excessive; Il provides for monopo-
lies; IL confcrs undue privileges and
powers on individuals: il involves the
county as partners in the liquor traf-
dc; Il permits the rights Of the citizer
to be trampeled on by presupi,sg hin
guilty before trial; it places the happi
ne and well being Of the citizen il
the hands of the malicious; II afford,
none of the customary security agains
the tyranny Of officials; ii changes th,
whole system of trials; il disfranchisel
citizens for no crime; in its essence i
is tyrannical.
Reiterating here the fixed senti
ment ofmy heart thatl would have
voted for any law which would hav,
checked that great moral and socia
evil, intemperancc," without resulting
: in the greater" evils ! have emu
merated, | appeal TO your judgement
fellow-citizens, for an appreciation
and justification Of my vote.
A. r. MoCLEERY.