Delaware State reporter., 1856-08-15
The Act for the Suppression of Imtem-
perance, alias the Prohibitory Law of

Sec l. No person shall seIl-by himself his
servant or'agent, or as the servant or agentof
another, directly or indirectly, any Intoxicating
Liquors, except as hereinafter provided. Every
person who shall, -vielatien-ef this act, sell
any such Liquor, shall be deemed guilty of a
misdemeanor, and shall, upon conviction there
of, by indictment, forfeit and pay, for the first
offence, fine Of twenty dollars besides costs of
prosecution, Andsih default Of payment shall be
| imprisoned twenty days; and for the second
and every subsequent offence, shall forfeit and
pay fine of fifty dollars. besides costs and be
imprisoned not less than ten nor more than
sixty days. In any prosecution. for violation
of this section, proof Of the disposal Of any such
Liquor by any person being othe keeper oflor
interested in any taverns store, boarding house.
eating house, Ibyster house, or other place of
public entertainment or resort, or by any per-
son in his lbehph, shallsbe deemed and taken as
| prin'a fdcte and presumptivc evidence that such
Liquor was sold eontraryato the proSisionsof
this act. asiaa h ~ 5.6' ,sH sSfF-e-
4 We!propose to call attention to the provisions
Of this. section, which is but one Of twenty-eight
sections, which constitute the Prohibitory Law
ofthe State. 44 l ..i5g1s - +
The first Objectionable feature of the section
which VIC notice, is the exorbitant fines which
it imposes for the least infraction of its proyi-
sions. 1t is the boast and the glory of free
country and of free institutions of republican
ism, that The laws by which the people are gov
erned are mild. 1t is this characteristic of the
laws, together with the fact that they are sub.
ject entirely to the will and control of the peo-
pie, as expressed by the voice of the majority,
that form the chief distinction between free and
arbitrary goyernment-b between a Republic and
a Monarchy. 41l
Let the laws in the former be as oppressive as
they are in the latter, and republcanisin be-
comes but an empty name-a mere shadow.
Here in the United States of America, and
in the State Of Delaware, we find a statute law
which imposes q fine Of twenty dollars for the
first offence, for selling the least quantity of an
article recognized, the world over, as lawful
commodity of trade; and for the second and
every similar act, fine of fifty dollars and i'm
prisonment from ten to sixty days!
4 This act imposes fine upon-the man who
sells gill of wine O. even cider more onerous
far than has been imposed heretofore by our
laws for heinous offences.
: Aggravated assaults and batteries, larceny,
&c.. are thus made minor Offences, compared
with the selling Of gill of beer, from which
no injury can be said or seen to result TO any
J one. And even if it were admitted that to sell
such quantity or any quantity of liquor, was
in itself crime, tsbich no ono can admit,) still
the penalty is wholly disproportionate to the
offence charged, and consequently renders the
law arbitrary and oppressive in the extreme.
In such law neither wisdom, justice. policy
or mercy, find any place. All such laws are
calculated only TO defeat their object, even were
it proper one. It has long since passed into
a maxim Of legislative wisdom, and been adopt
ed as an axiom in the most intelligent and hui
man natures. that crime is prevented most cffac-
tually not by the severiy but by the certainty
| of punishment. And whoever trfes the expert
, ment, will find it true in practice, while the
pages Of history confirm its universal truth.
, Now, to fine person fifty dollars and imprison
him or her sixty days for the simple act of sell.
: ing gilllof wine or cider, it may be the pro
duet of his own soil and Of his own labor, thus
taking him from his family and business as this
above section of the law authorizes, can bt
: viewed in no other light than as proving it to
. be one of the most arbitrary, exotbitant ant
q oppressive of human laws, not excepting thosc
(, of the most despotic governments. The pun.
: ishment is not only disproportionate to the Of
Tense, but wholly inconsistent with justice and
e humanity. e ~
r And it may Seriously ape. asked, if this Law
f were to be sustained, Where would the prnci
: pie terminate is,5
: 1t is not according to the teachings of history
, experience or observation of man, nor ever
: agreeable to the nature of human affairs that II
shoulder rest here. Rigorous as are The provisions
! Of the law, others still more so would be found
necessary to meet the means used for Guiding
the present requirements Other subjects, too,
would,not be slow in presenting demands for
similar Legislative acts for their regulation, res
tfaint and control. ',eeo y .-n5
There is yet another provision in this section
Of the law which renders it scarcely less objec-
{ tionable and dangerous.
z II is maxim of law, established for centu-
: ries and recognized inall1egislatye enactments,
that = every person is to be presumed innocent
until he is proved to be otherwise. III
g Reverse this wise, just and salutary principle
. in legislation generally, and It'll clear that
property, and life itself, could have little secur-
ity. And yet in this section of IL las itis
!, entirely reversed. By it. if persons Of certain
3 pursuits dispose Of liquor by any means, (by
: gift, even} they are made guilty of selling, and
must suffer the penalties Of the law against sell
e ingisunless they can prove that they have not
I, sold. Now according to all other legislation, il
\ is made incumbent on the prosecutor to proue
: that the person whom he charges is guilty .
+ the act which he alleges against him, that is
| in this casey of selling and until he shall have
S proved his charge, the other cannot be deemed
guilty nor made to suffer the penalty Of the law
{ The law is also unjust and partial in anothe
resnect tn singlee ont nersons of particular