Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1855-06-20
JUNE g.
nAlas. Poor Human Nature

f. Neal Dow and the late hquor riot at Port
land. Maine, assuming to give the rise, cause.
and circumstances, &c, of that unfortunate
affair, but which are so utterly variant with
the facts in the case, that we truly and sim
cerely take up their lamentation and exclaim.
Alas poor human nature The Editors
have drawn their information from very nm
reliable, corrupt sources, as they can see for
themselves, by comparing their statements
with the facts brought out on the trial ari.
sing out Of the disturbance. And while
some Of the papers Of Portland NAV give
their version Of the affair, (for we have not
seen them ALL there are others of the pa
pers Of Portland which give quite a differ
ent account Of it. We do not believe the
Editors Of the Observer intend to represent
the matter falsely but being misled, thew
will do themselves and q deeply slandered
man the justice to correct the errors into
which they have fallen. We therefore COPY
the Observers Editorial, and then give the
opinion Of the Court before whom the mat
ter was tried, and in which the evidence and
facts are briefly stated, so that the official
and true accounts of the latter may entirely
annul and disprove the former. Read and
compare.
The following is the article from the OBJ
server:
ALAS, POOR HUMAN NATURE Our rea-
ders will perhaps remember that Neal Dow,
of Portland, Maine, was the author Of the
Maine Liquor Law, the first prohibitory
liquor law ever passed by a Legislature, in
any country, we believe. Well, it has Just
come to light that the same Neal Dow, now
Mayor Of Portland, elected as such on ac-
count Of his devotion to Temperance, was
the cause Of the late fatal riot in Portland,
by an attempt to speculate on liquor 1t
seems that he went to New York and pur-
chased $1,000 worth of liquors, which he
carried to Portland with the intention to sell
them out to the town agent authorized by
law to sell in cases Of sickness. His act
was n violation Of the law, and it is conten-
ded that he thereby incurred the penalty Of
30 days Imprisonment and forfeiture of the
liquor. The temperance men of Portland
got wind Of the affair, commenced legal pro-
ceedings, collected a mol to superintend the
seizure Of the liquor by the officers, and
whilst this was going on, Mayor Dow made
his appearance with a military company
whom he ordered to fire on the mob. This
was done with fatal effect. One man was
killed and several wounded.
The people were deeply exasperated at
the attempt of the Mayor to make money by
selling liquor, under a monopoly of his own
creation. And still more by the wanton
sacrifice Of life in the attempt to defend the
possession of the article so illegally held.
Such is the account given by the papers of
Portland.
Now mark how plain q tale will falsify
and d~isprove these one-sided, untrue state
ments. We extract the following from the
opinion Of the Court:
Mr.. Clifford having closed his argument
Judge Carter proceeded to deliver the opinion
Of the Court, substantially us follows:
lie said, that in announcing the decision
Of the Court in q case which had excited SC
much interest, he deemed it proper to state
briefly the grounds for the decision. The
defendant, Mr.. Dow, is complained of under
the Statute, commonly known as the liquor
law, for having liquors in his possession
with an intention Of selling the same in viola
ton Of law. There were two points which
it was necessary for the government to es
tablish beyond q reasonable doubt, viz tina
the defendant had the liquors in his posses
sion, and that having them thus in possession
he intended 10 sell them in violation of law
II was necessary to keep these two point
constantly in mind in considering this case
for if the Government failed in establishin
either Of them, the defendant must be &C
quilted. lie was not complained of for hay
ing liquors in possession for his own use, 0
for having liquors in possession which h
had purchased without authority-for unde
this Statute, these were not offences. 1t wa
the Illegal sale, or the having in possessio,
with the intent to sell illegally against whic
the penalties Of this law were aimed.
In considering the case, the Court won
refer TO the faces which have been prove,
not in the order in which they had bee
presented in testimony or by counsel, b,
in the order in which the various transaction
out Of which the prosecution had sprung hi
occurred in point Of time.
The first thing which appears in the ca
with reference to these liquors, is the actit
Of the Board Of Aldermen, May Sd, 1855.
The law makes it the duty Of the Mayor al
Aldermen, both to purchase the liquors al
appoint the Agent. As to which shall
done FIRST the law is silent. 1t would seer
however, that there could be no necessity (
an Agent to sell liquors, until there we
liquors for him to sell. Under this provisi
Ol lNt INV, vi lut Ou u Way loOO, tNO NOlS
or orders, were passed by the Board of May
and Aldermen, viz: a vote, appointing
room to the use Of the City Agency, a
another vote which was as follows:
CITY OF PORTLAND.
In Board Of Mayor and Aldermen, I
May Sd, 1855. I
ordered, That the Mayor and Alderm
Carleton and Brooks, be q committee to Z
range for the establishment Of City Ager
for he larfd sale ofSpirituous liquor, win
Sc. for medicinal and mechanical purpos
under the provisions Of an act entitled an
for the suppression of drinking houses a
tipping shops passed at the last session
the Legislature, and approved March 16
1855, and also to propose and report to t
Board, such rules and regulations as may
necessary for the government Of the Age
hereafter to be appointed, and such comp
sation for his services rs they may dc
suitable. Read and passed.
Attest: Wm. Boyd, City Clerk
II has been argued by counsel that t
vote did not authorize the committee to p
chascliquors. The Courts unable to mag
what duties were intended to be imposed
that part Of this order which required
committee to arrange for the establishm
Of a City Agency, &c. unless they were
purchase the liquors-for another order
already provided the room, and in n sui
quent portion Of the order now under col
d%eration, rules and regulations and c.
pensatlon OF the agent were specially pr
dCu for tho arop,v. L. Ill -