Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1856-03-27
THURSDAY MoRNINe: NARcHao lsss.
The rr0hIbitory Liquor Law in

The Prohibitory Liquor Law In
The COMMITTEES on the Jhdiciary in the
Legislature of Maine. have reported 4 bin re-
psaling the prohlbitory Liquor I'1F Of that
State. and enacting a strip:.ekt slieepse law.
The report of the commiites was written by
Hon. PHISKAs B4asKs, one Of the ablest LAW
yers in the State, an Old Line whisgs;a nem-
her Of the Baptist Chuieh, and fsnner!y
Professor ef Languages in Wateryille Col
lsge We would give'tlfezg ghole report were
il not FOR is length, and the present crowded
state of our columns. We give only such
extracts as seemed TO as on reading it over,
particularly interesting. We give heading
to the subject Of each extract, that the va.
rions points may be more clear:
THE PRINcIPLE on WHICH THE Law REsTs--
The present statute law of this State prohibits
the sale Of Intoxicating liquors for drink. The
sale for medicinal and mechanical uses is per
mitted, but no question arises at this time IN
regard to these uses. The manufacture of such
liquors is also prohibited, with a trfilng excep-
tion. #
Some persons defend these prohibitions, npop
the ground that the acts prohibited are wrong
in themselves. The more common and appa-
rently easier defence is, that the actions re-
ferred to, being necessarily connected with
natural rights, are not essentially wrong, but
that in these cases. as in many others, civil
society is justified. for the sake of the general
advantage, in Withdrawing natural rights from
the individual, and forbidding their exercise by
penalties
THE PRINCIPLE A NKw 0SF, AND AT VARIANCE
WITH WRIL EsrABLIsHRD PRIScIPLEs ISDIyID-
UAL RIoHrs.-Until recently, it would have been
conceded by all, that in any Just government,
the free, adult citizen may determine for him
self "a a part of his natural liberty, what he
shall eat and drink. If this is not a right which
may Justly be reserved from the control of the
government, is there any such right?
The prt hibitory law of Maine undertakes to
declare what the citizen Of this State shall not
drink It undertakes to prohibit him from
drinking that which has been an article of drink
in all ages. in all countries, under all govern
ments until now.
This restraint has been imposed upon peo-
pie, who were not surpassed in the amount of
freedom then enjoyed, and in the degree of So
briefly they had practised for many years, by
any other community in the world.
The statute in question was designed 10 pre-
rent drinking. by prohibiting the manufacture
and sale within the State-in briefer terms, the
statute was designed to prohibit drinking
The method of prohibition is indirect. 1t is
by penalty upon the manufacture or SALE but
the intended prohibitory effect is upon him who
would buy.
1t is plain. therefore, that the Legislature
which enacted this law, intended 10 prohibit
the citizen from exercising, in this particular.
his natural tight, and one which was always
before conceded to be one of the RETAINED
rights.
TO say that this is done, because to drink in
toxicating liquors will injure the drinker. is
only another way of saying that the Legislature
may prohibit the citizen from all exercise of his
own natural freedom upon that point
To say that it is done, because, by drinking
he may 90 to excess and inure others, is te CON
found his free right with his liability for abuse
Of his right. When he exceeds, or abuses his
right, he may lawfully be restrained. but not
while within his right. To anticipate that he
will abuse it, is in fact to deny his right alto
gether.
Prohibitions of this kind are at variance with
all our history and with the habits and princi
pies Of our government and people. In respect
to rights and duties of far higher import, We
have been the subjects Of regulated freedom, not
of prohibition.
The inhabitants of this soil have never before
been governed in this way In every genera
tion, people have shown their competency
To act for themselves, within their retained nat
ural rights, by their practical and successful
ability to carry the civil policy, and Il
maintain and vindicate the public rights of the
State Our fathers were men Of sufficient wis
dom and virtue to lay the foundations of solie
government they endured the hardships of TIN
wilderness they oyercame the violence of saw
age conflict; they conquered independence
Following them, have developed ant
strengthened republican rights and privileges
we have organized a new State, and taken tn
power of sovereign into our own hands W.
had carried on the public affairs, not unsuccess
fully, for more than thirty years, when the dis
coyery was made that we could not be permit
ted to choose for ourselves whether or not L
drink intoxicating liquors.
The individual citizen may regulate his owi
life in ether most important branches of pei
sonal conduct he may select his profession
may train his children in his own way-ma
keep and bear arms-may choose his religion
and exercise 1t freely-may vote for all offices
government-may himself hold any office ofil
most solemn trust-as the governor, he may
clothed with the executive power Of the State
as Judge. he may decide the deepest problem
Of the law--as Juror. he may pass upon prs
perty and life-yet the recent legislation cal
IN question his fitness To be entrusted with th
simplest right Of his PERSONAL nature.
To impose upon our people such restraints
their personal conduct, is to deny their eaPacit
Aot ecAi 6ofcAAtAicht IN l'uDAtC
The PRINCIPLE CANNOT BE SUSTAINED.
enough to say that the world cannot be govern
ed in that manner. Keeping the question to il
proper ststementr-a question of dealing wit
such right as that of what free adult ma
shall eat or drink-no example can be found
the history Of the world-where legislation ha
gone SO far as this. and been permanently an
successfully sustained. All the moral sense
men who have any intelligence, and ali the p
litical instincts OF men who have any freedoI
mite in denying chat legislation shall so pr
hibit such right of the multitude, for the sal
of reaching the wrong Of the few.
We may give hereafter further extraC
from this report. Coming from the State
which the Law had its origin, and in whi'
the coercive policy on Temperance has be-
for several years in full blast, the report
well worthy Of attention.
The Death Penalty.
We often find most horrible accounts