Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1856-01-18

Indianapolis Correspondent.

Indianapolis Correspondent.
"siamfsy for sser,v echoed Mr. rickwIek
"who Is slumksy ' whispered Mr.. Tupman. 4
DOM know replied Mr.. rickwlek, In the same
ss. on sss s' ne mes so
largest, said Mr. fIekwIck."
The Supreme Court OF Indiana has
paralized tho Temperance Law OF In
diana. The process was gradual.--
First one OF tho Bench, Honorable (?)
Judge Perkins. a gentleman who had
made himself famous by his newspa-
per attacks upon the law from its pas
sage. aud his denuncialions Of the Log
islaiure passing IL, had before him. on
a writ OF Aabeas eorpus, a youth char
ged with lis violation. Upon this the
erudite gentleman gives decision
which Ia point Of style. manner and arr
gument has no parallel in recorded
Jurisprudence so far as | know. This.
too. while the case. subsequent TO ar-
gument. wasin the hands OF the whole
Court under advisement |! At It's
recent Session in Chambers. tho Hon.
Court demanded new argument from
Council before decision. and during
that argument Judge Perkins sat upon
the Bench as though he had his opin-
ion TO form On behalf Of the Law
the argument was conducted by Messrs
Porter Of Indianapolis, and Thomp
son Of Terrehaute. against Messrs Mr..
Mcdonald Of Charlottesville, and
Judge Otto Of New Albany. The
council in behalf the law did oil that
their friends asked or expected Of than.
And right sure we are their arguments
have not been answered. Yet all in
vain. Judge Perkins and Dawson
seem 10 have gone heart and soul to-
gether in their views. Judge Stuart
was apparently "halting between two
opinions" but gave his voice with the
others, so far as to neutralize the eff
cient elements OF the law. Judge
Gookins sustained II throughout, and
we question IL more ablo Judicial
opinion has been written since the cre-
alton Of the Supreme Court. But he
stands alone.
The decision Of that Court must be
respected. / am not going to impeach
the motives Of those ''hcnorable
Judges" But there are some points
not directly expressed In their opin-
ions, yet logically resulting. which
am about 10 put upon the Record.
!. The State has no right TO leg
islate in self-protection. This is too
evident TO demand argument. II can
have no greater foe than intemper-
ance but Il is powerless to defend it.
self.
2. Il cannot legislste for public
morals. II was an old-fashioned no.
ton Of some that II could. and more,
that it was its imperative duty to do
so. That was surely Washington's
idea (vide fareweIl addrcss) but Judg.
es Dawson and Perkins live In later
and by far a better day.
8. There is peculiar sacredness
in the right Of property in barrel Of
whisky. residing no where else, save
in a keg Of ''lager :beer." Once
there were slaves in Indiana and leg.
islative authority destroyed all right Of
property in them-legislative authori-
ty has laid its massive hand upon va
rious forms Of property and all was
right. But there is an awful sacred
ness. in the property aman has in-huid
poison. that law cannot ALLEVIATE it,
4. Sc also is there special sancti-
ty in the business of manufacturing
liquor which must not be invaded =
Changes in the tariff have rendered
useless, millions of money. invested in
useful manufacturing machinery, yet
there was no revolution. The manu-
facture Of playing cards, of counter
feiting apparatus, obscene hooks, all
capable OF producing revenue, and as
incapable of doing harm as whisky
not ased-have been prohibited and
no one has cried unconstitutional. -
But tho intoxicating drinks be much
more subversive Of public morals,
public peace and public happiness than
either of them. it may not be touched
"There are certain inalienable rights
among which are life. liberty the pur.
suit Of happiness, catching negroes
and making mean whisky"
s. So also is there special sanctity
in the sale Of intoxicating liquors.
We may prohibit the sale Of poisoned
drugs, of tainted meat. obscene books,
licentious prints, but there is no earth
ly power which can check the unlimi,
ted saleof this essential poison-this
unmitigated curse. There it stand.
above all human legislation. Before
the whisky selling fiend. who would
coin the blood of human hearts fol
gold, Senator's. Representatives. Gov.
enors, unprecedented popular major.
tiles stand utterly powerless. The
constitution seems to have been made
to guard this traffic as sacred thing
and the Supreme Court seems to have
been elected that the 'swinds Of Heav'
en-" the will Of 100000 freemen, ant
the prayers and courses of outraged
J humanity might not visit it too rough
| lly."
There are other logical conclusion
which are withheld for the present.