Butte record. (Bidwell, Butte County, Cal.) 1853-1858, 1855-03-31
CoMMU NICATIoNS-
The Other side of the Prohibitory Liquor Law.
7. H. CRosErTE, ESQ:

We always find ourselves called upon to
do good. IF we have searched for the
truth, and have found it, it belongs not
to ourselves alone, but to all who share
in common with US the good or evil
necessarily attached to our political or
social condition. Whatever is given to
US, either by God or man, is to be
used upon fred principles, a violation of
which is an abandonment of the spiritual
or temporal blessings they besfow.
1t has been question, on both sides
of which some legal talent has been ar
rayed, whether, according to our common
law rig hts, the c. Institution of IA State
could be 80 frame d as to allow the ems
&C ment of a ''prohibto liquor law, :"
and maze it binding upon the people Il
is not enough that the ,nactm nj of a
law is not prohibited by the State Con
stIiution, for that is not the ne plus ultra
Of jurisprudential power; but we are to
examine whether both the law, and the
constitution under which it is enacted,
accord with the common law principles
which give Us the right, not onl y to en-
act laws under the constitution, but alsn
to form the constitution itself. And as
there are certain rules for the enactment
Of laws to govern men in civilized society,
and from which our s'rules Of civil con
duet must emana te, we propose to e1
amie one nr two of them with a view to
their application to the prohibtory Ii
quor law question.
If we discover thai the Elements of the
English common law are binding upon
us as people,, it will th,n behooyc us to
search out what they are, and how they
apply to the above question.
Chancellor Kent says, after lengthy
Examination of the subject, s'The COM
mon law has become code of mature
ethics, and enlarged civil wisdom, admir-.
ably adapted to promote and secure the
freedom and happiness of social life. 1t
has proved to b. system repete With
vigorous and healthy principles, emil
nently conducive to the growth of civil
liberty" And again: ct is the COM
mon Jurisprudence of the people of the
United States, and was brought with
them as colonists from England, and
established here. It was claimed b,
the Congress Of the United Colonies, in
l774, as a branch of those "indubitable
rights and Liberties to which the respec-
tive colonies are entitled )" and, "were
It otherwise, there woold be nolhing to
exempt us from an absolute despotism of
opinion and practice '-Eeut's Cam.
poI, ?, p. $40, and note
Now, if this be the case, we are to
search out what restrictions our govern
mental powers are placed under, by the
adoption of these common law princip es
as ule and guide Of our political faith
and practice. But, in the first place, let
us see what those principles are, as APP
plicable to the question now before Us.
We are told by the commentaries of
one whose fame and authority as a com.
mon-law writer is co-extensiye with the
| civilized world, that, with regard to the
absolute duties which man is bound to
perform, considered as mere individual.
it is not to be expected that any human
municipal law should at all explain or
enforce them. For the end and intent
of such laws being only TO regulate the
behavior of mankind, as they are mem
bers OF society, and stand in various re-
lations to each other, they have couse.
quently no concern with any other but
social or relative dulles. Let a man
therefore, be ever so abandoned in his
principles, or vicious in his practice,
PROV ded he keeps his wickedness to
himself, and does not offend against the
rules of public decency, he IS out of the
reach Of human laws.'' And again
"PuJIic sobrieiy is relatirs duty, and
therefore enjoined by our laws pirate
sobriety is an absolute duty, which,
whether 1T be performed or not, human
tribunals can never know; and there
fore they can nsrsr enforce 1t by any GIRL
sanction. n-Blaek Com. B. 1. D. 1884
Now, in considering the ga stion Of a
prohibitory liquor law, it will be neces-
sary for u 10 see whether the acts which
1t seeks to prohibit are Of class thai
may b subject to rules of GIRL con-
duct" Ifthey constitute the withhold>
ing OF relat5re duty, or the deprivation
OF relaticc or absolute right, then they
are within the reach OF governmental
power, and raee rersa But, before we
proceed further, let US understand the
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