Butte record. (Bidwell, Butte County, Cal.) 1853-1858, 1855-03-31

Of absolute duties, on the other hand,
can affect the interests of none but the
actor; and therefore, according to the
learned commentator, " he is out of the
reach of hnman laws"
The question, then seems to be: does
the liquor traffic, as carried on by any
one individual, withhold a relative duty,
or infringe another's rights p? The man
who sells spiriiuous liquors does not,
and cannot, By any forced construction
achaterer, be presumed to invade, by that
single act, the right of any other man ::
the seller is moving within the sphere of
of his natural rights, and so is the buy
e a; and no harm is yet done. by either
party, to any other person living. 1t is
true that the article thus sold by one and
bought by the other, mag be used in
snch way as to be the cause Of harm !;
but when such happens TO be the case,
that is the act to be punished, and not
the person who manufactures, vends, or
previously handles the article which has
been made the instrument OF death or
other bodily harm. Were 1T otherwise,
but very few PEI sons could escape pun
ish ment for there is scarcely a man
who does not manufacture. sell or trans
fer to his neighbor. something with which
he might commit an injury upon s. me
other person.
A man cannot, by withholding a duty
which he owcs to himself, his conscience,
or to his God, violate the laws Of a civ
ilized nation for these duties are
absolute and prirate, and are not capa-
bic of carrying with them an immediat5
or mediate relatire effect. My neighbor
may have some scruples about the mural
or religious osuts Of his trade but in
these respects he is amenable to the
laws of morality and religion alone and
I, as his neighbor, have nothing to do
with the matter, as it is matter of con-
science and Of self But when nv neigh
Dor commits an act which is of reLa-
tire character, he becomes an actor
within the scope of governmental regu-
latons, or brings himself within ''the
reach of human laws"
Actual acrengs, or the deprivation Of
rights, are mad punishable according
to the social C impact, wit out stopping
to inquire how the perpetrator enabled
himself to commit them and it is not
competent to restrain the natural pow>
rrs OF anv man for fear of heir enabling
him to commit crime: yet the probib-
tory law aims at this in its very opera
ton. If see my neighbor purchase a
rope halter to-day, it would be deemed
il bold and warrantless un lertaking to
have him arrested and punished, or
lodged in the j il Of Butte County, for
fear he might, before to morrow morning,
make use OF his rope halter to lead away
his neighbours horse by stealth but the
prohibitory law attempts to punish
man for an act IN itself harmless, for fear
some other person may take advantage
thereof, and use it as means of com
NIT ing public or private wrong
Then if we are bound by the above
mentioned elements of governmental
power, it is too clear TO require further
illustration Of the great truth, that a
self-soverning people cannot delegate
to their representatives the power to en-
ct prohibitory liquor law, and make
it binding, for The very good reason that,
by adopting the common law principles,
they have ceased to possess that power
themselves.
Very truly, yours, &c. j. ] X.