Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1856-01-04

prohibition: are al the same IN primer
pie. Below the fixed point they are
all in their nature prohibitory.
SO long as those who advocate the
liquor traffic deny the right Of the
Legislature TO interfere in any degree
they are consistent. On abstract prin-
ciplcs that species Of property is as Sc
sure as any other. The owners OIL
liquors list il for taxation and pay tax
es upon it like other property. The
reciprocal duty Of government is tc
protect. Upon what principles are Ii
quor dealers TO be called upon to pro
cure a license at extravagant rates
and file bond. &C.. to entitle them
tovend and deal in spiritucus liquors?
And why. even after that should they
be restrained as to time. quantity
aud place? Abstractly. free traffic in
liquor is as much a right OF private
property. as free traffic in flour OF
corn or merchandise. In the abstract,
any duty, or tax. or harden imposed
upon il is utterly indefensibIe.--Bsker
vs. Orr. 41nd. But il isis admitted
that to conserve the peace. safety
and well-being' Of society. the traffic
may be restrained and iegulsted in any
degree. .he whole point OF eontrover-
81 is conceded After that concession
il will require a very nice and discrim-
mating casuist to show that to con
serve the peace, safety. and well-be-
ing Of community. the Legislature
may not, il need be, prohibittfe traffic
altogether.
In the abstract. all Government is
tyranny-all political discretion des-
potism. all interference to regulate
the enjoyment of privaae property. an
invasion OF right. Take single ex-
ample. Five men sit down 60 play
cards for money The room the
cards. aud the money, are all their
own private property. By what
right does the legislature call this
amusement "Gambling' and punish
il accordingly? The only possible
reason is that this species of amuse-
ment is found to be predadicial to the
public morals
A law to prohibit the sale of bread
would stand absiractly on the same
principle as law to prohibit the sale
of liquor. Wherein do they ditfer?-
in the consequences of their use.-
The gluten himself is the chief suf.
ferer The tendency of the inebrale
is to disturb the peace and violate the
decencies Of society. In the end the
public purse is taxed either to support
him as a pauper or puaish him as a
feloa.
Hencs the lie Of law is the reason
or necessity for its enactment. While
The prohibition Of the sale of bread
would BE- legislative despoiism. the
like prohibition in regard to liquor
might be a measure Of profound and
necessary policy.
z. For my own part could not
readily conceive what government was
made for. if it had not the power. both
TO punish crime and suppress if it
were deemed necessary to the public
good. the means. instruments and
incentives to crime. Self-preserva
ton is the first law Of governmental
rs well as individual being. IL is
justly said by the Supreme Court Of
Illinois, that government which did
not possess the power to protect itself
against such evils as flow from the
liquor traffic, would be scarcely worth
preserving. Jones VS.. The People,
Ia H., 1856. So Woodbury. j., IN the
liquor cases. 8 Howard. SOD. 1t is
said that these doctrines in Howard
are not applicable. They were laid
down as first principles involved in the
very iden of a sovereign state, They
are applicable to all soyereignties.-
They are selfevident independent OF
these cases. and needed not the au.
thority even Of Judge Woodbury's
great name.
Admit that the vendors Of liquor do
not force men to drink. the Legisla-
ture may plausibly urge that they
provide the means and spread the al
lurcments which lead thousands to ru-
in; that therefore they come within
the proper province of legislative cog
nizance.
The great objection urged to every
law which has any semblance of a
moral or sumpluary character is this:
That il il is an immoral or Indecent
habit. to which great majority are
addicted, the law will be nugatory.-
II cannot be enforced Ii il Is habit
which only obtains with u minority,
public sentiment will ordinarily sup.
press it without the aid of Legislation.
Hence il is urged that the liquor traf-
lic should be left to public opinion to
eradicate its evils.
This is admirable theory, While
pursued in this state conformity with
mild legislation il worked wonders
But il is found that there are persons
so lost to all sense of right and propri.
ely and self-respect as to be utterly
callous Of public opinion. They know
no public opinion but that of the cir
Gle of vicious indulgence in which
they move. Hence the necessity OF
legislation on that and other evils
which. at "a superficial glance. would
seem to belong more appropriately to
the department Of private morals. OF
this character are many OF the sec
tons under the head Of misdemeanors
in the revised laws. In these aud
numerous other instances il is found
that actual experience creates exigen-
cies not anticipated by mere legisla-
tive speculation.
IL is said that the opinion Of this
court should be placed on such
grounds as would withdraw the liquor
question from the arena of politics.
But this is CLEARLY impossible. II will
continue to agitatc the public until i,
is definitely settled at the ballot box.
The opinion OF n court can no more
make men think alike on thai or any
other subject thau il can make then
~ n. =. -. =. 4 A =. -. !.