Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1856-01-24
From the Detroit Free Press.l
Progress of the Reaction.

The decision of the Supreme Court of In
diana il practically adverse to the validity of
the prohibitory liquor law of that State
According to telegraphic dispatch from In
dianapolis, of the four Judges occupy ing the
bench, two pronounce the whole act at vari-
ance with the constitution; one declares the
most material provisions of it. such as the
manufacturing search and seizure, con6sca-
ton, and agency clauses, void; and one only
sustains the whole law. This result dispoSes
of Maine Lawism in Indiana.
1t is disposed of, either judicially or popu-
larly, pretty much everywhere else. In the
latter respect, We doubt whether SO complete
a reaction has ever been known in this coun-
try on any great public reform question:
The American people, above any on earth,
are law-abiding yet here IS law which, en-
acted in nearly one-half the States of the
Union, is observed in none, and in most is
utterly ignored; and this, in a majority of ca.
ses, in advance of judicial adjudication. II.
matters liatle.ssio zslzat s.tse-sisFsf
courts respecting II NAV be; it matters not
whether il be a valid or invalid enactment in
a constitutional sense; It has undergone pop
ular adjudication, and the determination is,
that il is subversiye of individual liberty and
we'll established personal rights, intolerably
oppressive, promotive of the OWL it is inten-
ded to cure, and contrary to the spirit Of the
religion of the New Testament.
Now that the progress of the reaction has
been so great-nOw that the labor of destroy
ing the hydra has been ccomplshed--the
people of this State have the work before
them of concerting practicable plan of IL
-quor legislation; and in the performance OF
this work, the very first duty is 10 shut out
from the public councils that class of fanatics
and fierce zealots who know no civilizer but
force and who would declare TO be criminal
such acts as the Savior OF mankin performed
and commended.
The FIRST inquiry in the investigation is,
we think, whether until the constitution
shall be amended, the legislature has power
to enact such law as experience teaches ia
best calculated to diminish an evil that no
legal remedies can eradicate. We are of the
opinion that it has not. We are of the opin.
ion that the clause of the constitution which
reads-"The legislature shall not pass any
act authorizing the grast of license for the
sale of ardent spirits or other Intoxicating
liquors"-interdets the only seryiceable le-
gislation that can be employed in regard to
the traffic in spirituous liquors. II we are
right in this opinion, then it follows that,
however tedious the process, the only course
to be pursued is to abrogate the clause above
quoted The manner of abrogation is in this
wise--we quote section |, article 20, Of the
constitution-"Any amendment or amend
ments of this constitution may be proposed
in the Senate or House of Representatives
If the same shall be agreed to by two-thirds
of the members elected to each house, such
amendment or amendments shall be entered
on their journals respectively, with the yea
and nays taken thereon, and the same sha II
be submitted to the electors at the next gene
raj election thereafter and If a majority Of
the electors qualified to vote for members of
the legislature voting thereon, shall ratify
and approve such amendment or amend
ments, the same shall become part Of the
constitution. Not until the lapse OF three
years can we be rid of the clause which
stands in the way of salutary legislation.
There is no quicker way in which to change
the constitution, and no other method by
which tho iegislaturo can be clothed with
the desired power over an obnoxious traffic.
Submission to so great delay may be irksome
free trade in intoxicating liquors for SO
long period is unquestionably to be deplor'
ed but, we repeat, there is no other course
for sensible people to pursue. And notwith.
standing it has to be pursued so long, it can
not be entered upon too soon. Should the
next legislature fail to propose the needed
amendment, three years more of delay-three
years more of unrestrainei liquor trafiic-wil
bs the penalty. What now is requisite is
such public agitation-such concentration oi
public opinion in favor OF amendment of the
constitution-that there will be no doubt oi
legislative initial action at the next session