The Richmond Indiana palladium. [volume] (Richmond, Ind.) 1854-1855, 1855-11-29
The PrnhihitorY Lianor Law.


visions OF our Sts.e Constitution. in eonnec
ton with our Temperance law. la-ely deci
ded unconstitutional bv Judge Perkins, | am
led to believe tha. only the following sections
will be claimed By any ere, As having bear
ing upon that law, either for or against II. L
shall leave your readers to deciie whr her
nv deductions are correct.
The preamble declares,
ITO the end, that justice be established
public order maintained, and liberty BE- per-
pe;usted; We the people, DC, do orIsin tins
Constitution" con aiming
ART I>t-SEc / St That all men are
created equal that they are endowed by their
Creator with certain inalienable rights; that
among these are lite liberty and the pursuit Of
happiness; that all poacsr is Inherent in tie
people and that all free governments are. and
OF a right ought to be, founded Oh their au-
thori.v and Instituted for their peace sotefy
and nell being
ART lst-SEc 81. The right OF the
People to be secure in their persons houses,
papers and effects. against unreasonable search
or seizure. shall not be viola ed; and no WIZ
rant shall issue, bur on prp6atls cause, sup
ported BY oath or affirmation, and particularly
describing the place to be searched and tie
person or thing = be seized,
ART l-t.-Sec. 2Ist. mo mans pr perry
shall be taken By law. without just comPensa-
ton; nor. except in case oi the Sac. without
such compen sation assessed an rendered -
ART. 4.h-SEc l9.h. Every act shall
embrace bur suhj@ct and matters properly
connected Herewith, which SUBJECT shall be
expressed in the title
Thus we see in the Preamble, that the
main ainance OF J,46ic order Is a promineu.
reason for tie ordaining of our Constitution;
and what is a more frequent cause o! lis
breach, than the misuse of liquors? Again,
in the lst, sec, OF the bill Of rights, il is de-
clared that oil roper is inherent IN tie people
and that government Is Instituted solely Tor
their peace. safety and ri 5e'Rg. the very bs-
SIS of republican government Is the greatest
good to the greatest number, and that great
est number III their inherent power have
decided tia. temperance principles are most
conducive to the happiness Of all; that the
peace Of the State is less liable to be disturb
ed, (tew. II any riots occur, III which drunk
men do not strike the first blow the safe
" of It's citizens more secure and general
prosperity enhanced; vet, thrpl n the pc ,p'e
given power of wv men, /, ;hIs shield of safe
" 10 be removed aud rio, ana misery again
to stalk through the land? Truly, we hope
not, yet feari BY Art. Isl, 2, Tie people
are TO be secure tom unreasonable search or
seizure, and by tie temperance law. no pri-
va,e house or dwelling Is to BE- searched, ex-
cept on positIee proof, supported by oath or
affirmation, that liquor had been sold or given
away in violation. of the law, in such house,
nor in any public house. till two or M ire per-
have taken their aft i.,il, TO tkeir trim
belief that cont-a5anI liquors are kept for IL
legal sale. Is there anything un elsun ,ble
i'll this? Would not every well disposed
person, grant and uphold even more rigid
search for countericil coin or other illegal
lr1periy?
Art. LIST, sec. 91sf, says s'No mans proper
erty shall be taken b (, law without Just com
pensa. ion. Oar law demands the seizure and
confScation. only OF that properly which 1t
has declared to be illegal and injurious, and is
similar in its operation, to those laws that seize
and destroy gambling tables, apparatus for
counterfeiting, DC IL permits The manufac
ture for mechanical, meIiclnal and sacramen
tai purposes. only restraining the manufac.u
rer so far as TO require him 10 sell TO those per
sons only in our SAFE who are authorized
and sworn 10 sell it for such proper purposes
and no other, and if, as Judge Perkins AYERS,
agents do not buy Of them, the fault must be
with themselves. and probably exists in sue
ceSsful competition of otser States, in price
or quality
Art. 4;h. sec. l9th requires that every act
StLftil one SuDlccG anu IlSttSI prop
erly connected with it, and such subject be
fully expressed IN It's title; this section |, will
pass without comment as believe the oppo-
nents of the law, agree Tia. is requirements
are fulfilled.
Having, l believe, fairly. shown the
bearings of the constitution on the law, /
would now ask. the impartial judgment of its
enemies as well as friends, wherein they con
fict9
Iagree with NJ, in your paper of last week.
that the friends of Temperance indeed
culpable, for their lukewarmness; we have
rested at ease, seeming to think that the
law once passed, the work was done. Alas
fatal mistake! often committed by tie
friends of right, the remarks of the State
journal "that the arelessneSs and lnethclen
cy OF its execution, has in many places crea-
ated enemies % the law | fear IS too true;
any law. binding only on the law abiding cit
izen and terrorless 10 those who only obey
through terror viii shield tie scamp, while ii
Expresses the honest man: in some cities where
officers are ini:ncal to the law, it has become
almost q dead letter 10 tie vicious. whilst on
erous 10 tie good, and al through the supIns-
Tess of those who worked nobls for lis pas
sage.
In reading Judge Perkins argument, SO far
as given in the Palladium, | was pleased to
see the following (no doubt) ut.intentional
cemplmentto the law, then receiving his ad
verse decision: The morality Of that law
which prohibits the distribution q DGU/erisna
and crime. disease and deota, at home. and
permits them TO be scattered amongst our
neighbors is not to be envied." Permit me to
ask him whether il would not be ssuncons;itu-
tional'' to make laws for our neishbors Of an
other Safe. W.
IMPORTANT MovExESr.-Th National In +
telligencer of Wednesday SAYS ;ha. the Gov
eminent has received dispa,ches from Col. /.
Wheeler, relating 10 the recent events n Mic
ararrra and II = rr,r,,,-,l To- Lex Of