Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1856-01-03

ures Of a formal prohibitory law. for Il j. based
lpon the assumption That The taxed pursuit +,
o exist, and not cease lis continuance i, in
Iced, invited by the act, a. lis c~r>.1tiou would
leieaJ the very object Of the enactment, being
aud prohibition, il il resulted would
be found in the law, but in the accident
That nobody happened To be- able, Lr feel Dis
posed, at the time, TO pay the tax for the sake
the business. This would be accidental and
might be temporary.
The question then recurs-the ono now to b.
deeided-dOes our constitution prohibit the
passage of such an act a. that involved ina the
present suit ?
That instrument contains a grant Of ~leuisla- /
power, and il contains express limitations
upon that grant. There are also. probably.
implied limitations. But il the present case
can he decided upon the express limitations. il
Will not be necessary for Us To discuss the qucs-
tons OF the extent of power conferred upon the
10y the general grant, and OF i'm
Piled limitations.
We proceed to examine the express limita
tiOns.
The first section of the first article declares
that all men are endowed by their Creator with
certain unalicHable rights: that among these are
life, liberty, and the pursuit of happiness. -
Under our constitution, then, we all have some
rights that have not been surrendered. which
arc, consequently, reserved. and which govern.
''D'' "iiitN NNIilNf ~ NilfHN We Nndll UfNi
forfeit them by our crimes: and To secure to "a.
the enjoyment "t these rights j. the great aim
and end of the constitution itself.
IL thus appears conceded that RIGHTS existed
anterior To the constitution. that W.. did noi. IL.
rive them from IL but established IL la secure
Ia rs the enjoy AIent Of them. And il here be-,
c"incs Important la ascertain with some degree
Of precision what these reserved natural rights
are. To do this we must have recourse Ia the
s.,tms.as laOr - IL. II -. - -. a
inserted in the constitution with reference To II.
Counsel, In the ARGUMENT Of liis cause ON the
pari ol the State, a. isfrue. DENY The existence
Of am such rights in Indiana. Our answer j..
the constitution above quoted has settled this
point here; and a Legislature. acting under that
instrument. is estoPped by it, solemm DECLARE
ton To deny the existence OF the natural rights
there asserted. That assertion. while IL ne.
mains. AZ binding within the territory uf 1Rdi-
ana. When the people OF the State shall he
come satisfied that 1t is founded ia mistake,
they can meet in their sovereign capacity. strike
it from then organic law, and insert he contra
ry, that they are without natural rights and Al
the mercy OF the legislature.
We may properly here observe that. added
to these restrictive provisions Of the bill o.
rights in the old constitution. was the follow
my:
"Sec. "a TO guard against any eucroaeh-
j Il Rh VIZ go hth@Ht 'hh -
that everything in this article Is excepted out o
the general powers of government. and shall
forever remain iuviolable.
The new constitution does not contain ihi.
section; but that constitution did not intend ID
weaken the restraints designed for the protec
ton of the people, and the section quoted was
omitted because the expressly declared reserya
Iions in the bill of rights, We're necessarily taken
from the absolute power of the Legislature with.
out such declaratOry section. And it may be
here observed that ii IL not said these rights ar,
reserved to be- used without restraint. zach ~.
dividual being equally entitled To their eXer
else, the right Of each operates as a check upon
the right of every other. compelling mutual ~
} gard for those of each and sublecUing each &
punishment by the judiciary, under legislatIy,
regulations, for violating the equal right .
every other, and giving the injured in ell eases
redress by law. And further provisions of Tia
; constitution, which must be construed togethe
with that quoted, confer powers. such n taxa
! ton, &c, ON the legislature, relative 10 thes
rights. Such powers may be exercised.
We proceed. then, 10 enquire what these re
| served rights are; and to ascertain. We Ga. As ",
, have sand, to the common law. Chancellor Kent
following Blackstone, SAYS. vol. J, p. |: 9TH
E absolute or NATURAL rights OF individuals ma,
be resolved into the right Of per,onal security
the right Of personal liberty, and The right q
acquire and enjoy property: not some proper
: ty, or one kind ol property, but, al least, VIVA
| the society organizing government recognize
as property. How much does this right enl
brace, how far does 1t exteudI IL undoubtedl.
extends 10 the right Of pursuing the trades q
. manufacturing, buying. and selling, aud 10 IN
practice of using. These acts are but means q
acquiring and enjoying, aud are absolutely me-
cessary and incidental Ia them. What. We ma
: ask, is the right OF properly worth stripped Of th
I right of producing and usingg
a The right of property is equally Invaded h
= obstructingtbe tree employment of the means G
production as by violently depriviug the pro
prietor of the product Of his land. gay POI
4 Economy, 1873.
In Arrowsmith Va. Bulingen Ith Mclean. o
. p. 1877, it is said: "a freeman may buy and sci
e at his pleasure. This right is not of society
but from nature. lie never gave it mp. /
would be amusing 10 see man hsnting througl
l our law books for authority la buy or sell q
make a bargain" To the s1me effect, Lor,
5 Coke in . inst. chap. %, p. A. Rutherforth'
| 80 far. then, we find that the people have ex
D p@ressly reserved the right of property and it
a enjoyment. in forming their constitution, iron
z the unlimited power of the legislature: and fur
I ther L. guard the right, have ordained that i
shall not be taken from them without Just com
l pensation, nor be injured without a remedy
therefore by due course of law-that is, a legal
. lIldl III tDufl-npI bS Suplttl 10 StiLuTt, &c
el Sec. ID, art. |, and sects. IL and 81 of the sam,
article. They have. however, authorised th'
| legislature by art. I'D, sec. |, 10 tax. 10y a "uni
form and equal rate" the property of the PEG
pie of the State. and implicitly, rs we have seen
l To take ii 10y paying for il for the public use.
Now. these restraints upon the legislaliv,
5 power were inserted | in the constitution for som.
purpose; what was it? And they have SOM,
l meaning: what Is III Wherein do they furnisl
2 Se,alrffv Il. the cifIzanr This r,.1ff must .l.asr
mime. Their object was, beyond all question
Ia protect the people from aggression on ia,
! part of The government; and under them Tia,
Legislature can not take the propeyty-the IL
quoIs of a single individual, il they are proper
~, when not needed for public purposes. and
then only upon compensation. But IT Tia,
legislature cannot deprive a single citizen al
his property can il, 10y a general law. depriv,
al the citizens of theirsy IL that body could
not enact that A. b. should no longer c~ultivat,
his farm, could it, by a general law, enact thai
all the farmers Of the State should cease Ia cul.
tivaIe theirs
Further, these restrictions in the constitution
apply alike 10 all property-they make No dis
tlnclIOns. Is liquor. thea. property! Is dis
tillery property. They are, ~ unquestonably
in Indiana. 81 the time of the adoption of ouI
present constitution there were fifty di~tillerics
and brcweries in the State which turned out an
nually manufactured products Ia the value ol
half a million Of dollars, usci mostly by our
people as a beverage. Liquorha always been
an article of use and traffic IN the STATE. and al
WAYS been taxed "a property. NI.h Thee facts
existing. the subject was repeatedly brought be
fore the constitutional convention. and that bod
refused To make any change IN the relation ot
the government towards this species of proper
ty. We are safe ia saying, then. that under
this constitution, the government could not take
for public use. from a single individual. a SIN
gle barrel Of liquor without paving for It. Can
II, then. by a general law annihilatr tlIe entire
property in liquors IA tho State
There ara other prnyiaions Of the constitution
taat have sone bearing upon ~tii--poiHt. rs
ev%incing regard by lat instrument ior individ
nal property and the right o. traffic Sec 22of
art 1. declares that;
The privilege Of the debtor to enjoy the ne
cessary comforts of life, shall be recognized by
wholesome laws ,exempting reasonable amount
OF property from seizure or sale for the pay
ment Of any debt or liability hereafter contract
ed"
Now. suppose the property OF debtor Ia con
~