Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-04-03

at a hearing Of the Committee of The Legislature,
Gppaiatea to consider the Liquor Lar question,
held Thursday, March 20th, 1856

forts to procure the enactment of the laws of
1892 and 1850, and in efforts for their repeal or
modification; and this year the State Committee
Is most happy to feel under no necessity of trou.
bling the Legislature with any action at all on
the subject. The Legislature gave them such
law as they asked of them last winter, a law
which they believe is operating generally bene-
heially throughout the State and they are con-
tent,
All laws affecting the social habits and customs
OF the people, in order to be sustained and to OPP
crate benefcialy, must be graduated to the state
of public opinion. and be sustained by it. This
public opinion finds its expression through the
press, through petitions of the people, through
public demonstrations and especially through
the election of the representatives of the people,
Ordinarily no legislation is wise upon this sub
Ject, except such proceeds from the call of
public opinion outside OF the Legislature. Tax
ing this rule for guide, ! think this committee
can have little doubt of the proper course to be.
pursued. Your committee, gentlemen, was ap
pointed to consider that part of the message of
the Governor which relates to the subject of
Temperance. You have had six public sittings
four of them in this hall, and all persons desiring
any legislation upon the subject have been invit-
ed to appear before you, and make known their
wishes. And what has been the result For the
last four years the Legislature has been besieged
and almost persecui ed both by the friends and
opponents of tina Maine Law Much of the time
OF the Legislature was taken up on this subject
but this year all changed. No opponent of the
law appears before you to ask any change. Only
one person, alone, appears before you to ask any
alteration, and he is active Temperance man,
and friend to prohibitory law. He has asked
simply modification of the 23d section of the
law, relating to the Imprisonment of drunkards
class IN which he is especially interested and
very active and jealous in his efforts for their re-
formation. Since his application for modifca-
ton of this section, he has learned from the Nav
or of Boston that head of the police of the CITY
q 90 cl1pb ,lafio al
the treatment of this class of unfortunate persons
as supercedes all necessity for a change of the
law upon that subject, and he now withdraws en-.
.trely his request.for the change which he pro-
posed SO that. as it now stands, after six pub
hc hearings, and notice being given to all who
desired any change, to appear, nobody appears to
ask any change in the law And why is this 1t
is simply because the public is satisfied with the
law as it is. The people of Massachusetts, do
not desire a change. The contest between the
friends and foes of prohbitory law has run very
high for the last four years. and the result has
been, that the friends of prohibition continually
increased in strength SO that the last House of
| Representatives passed the present law by ma.
Jorlty OF more than SIX to one, and the Senate by
unanimous vote. And the reason that you
have now no application for change is, that the
friends of prohibition have such law as they
sire, and It's foes are discouraged and expect no
change, and consequently make no effort to pro-
cure change. So Mr.. Williams, the richest IL
that Z" he shall never give any more money to
procure change in the law" And other LIQUOR
dealers have generally, think come to the
same conclusion For no one appears to ask
change. No counsel appears in behalf of the
trade as heretofore. No cratic and pugnacious
clergyman, no military colonel appears to speak
for them, and their organ, the Boston Chronicle
has ceased to be their organ, and the entire oppo-
sitlon has ceased, because the prospect of change
il hopeless l conceive, gentlemen that it would
he tO m auin m oh ST -
the general acquiescence in the law of 1856 than
these facts present, and that you will feel no
necessity foI taking up the time and attention of
the Legislature on this subject this year.
But we will, for few moments consider the
proposltlon for change which are made, as any
have Jeen made, outside of this committee, and
they are two One is a modification of the Sc
verify OF the present law and another is the
adoption of system of Licenses. As to the first
proposition, suppose there is no improperly in
! my saying, that it was rather against my wishes
that the penalties of the present law were made
| quite as severe they were. should have pre-
ferred little enieney tl.v gfFevr, rtttIer
making that fine only, or giving the Judge
discretion to remit the imprisonment for the first
offence, IN cases OF hardship | say, such was NV
feeling at the time of the passage of the law
But do not think that experience has shown
that the law has worked much evil in that partic-
ular. have heard very few cases of hardship
from that cause presume that in some cases it
Oeell OBTAIN convictions than
it would have been had the penalty been less Sc.
we're But experience has shown, and think the
evidence presented before you has shown that
there has been very little trouble in obtaining con-
ylctlons IN the counties generally, except in Suf-
folk. L think the evidence presented Won has
been quite conclusive that the law has been gem
orally enforced, and convictions obtained through.
out the State. which have resulted in the general
suppression of the open traffic, notwithstanding
the strlngehcy OF the penalties of the law, except
IN the County OF Suffolk. And before l close |
shall attempt to show that the strlngency of the
penalties OF the law was not the chief obstacle 10
Its enforcement in the County of Suffolk But
one consideration must be borne in mind which
IS, that, II the severity of the penalties of the law
sometimes, prevent convictions, that when convic-
tons are obtained they are quite effectual in sun
pressing the traffic In ordinary cases the nen-
ally OF term in tie House OF Correction is quite
sufficient to drive the offender out of the business
Undoubtedly il you should modify the penalty of
your laws against murder, and reduce it to three
months imprisonment in the House of Correc.
tion, you could obtain convictions much more
easily and requently but the effect in Suppress
ing the crime of murder would be very trifinp -
So in this case, fine of ten or twenty dollars can
be paid occasionally by the dealer, andhe continue
ms business; but term in the House of Correc-
ton closes his traffic.
And here turn aside to consider the cause Of
tho failure of the law in the city of Boston. Here
no convictions have been obtained under II fins
lar. And you have invited the past Mayor of the
city, under whose directions the cases were fur
nished, and Mr.. Cooley, the District Attorney,
who tried the cases, to appear before you and
give the reasons why the law was not enforced in
Boston. They have done So and have testified
unequiyocaly and distinctly that the cause of the
failure was the operation Of the new jury
law. That that, and that alone, was the
cause; that under it the jurors drew authority to
judge not only whether the law had been violated
but also to judge of the constitutionally of the
law, and that some of the Judges charged the
jury that under that law they had authority to
judge of the consttutonality Of this and other
penal laws, and that this and this alone was the
great obstacle to the enforcement of the law in
Boston.
And now, trust l shall be excused feww ords
upon the Jury Law of last year. By il the trainers
intended TO give to the jury more definitely and
distinctly than they had previously possessed, the
right to Judge of the law as well as the fact in
criminal cases. This understand to be the in
tent Of the Legislature in passing that law. And
| this believe to be the true doctrine believe
it is the province of the jury to judge of the law
| as well as the fact in criminal cases and this I
understand to mean the right and duty OF Judging
| OF the true intent and meaning of the law but
not to go another step and Judge of the right and
authority of the Legislature to pass law or in
| other words, TO Judge of the constitutionaty of
laws. ! do not believe the Legislature had a
right to pass such law, neither do believe that
many who voted for that law, intended that II
| should be so construed. / believe that tho only
tribunal authorized by the constitution to iudce
OF the constitutionality of laws passed by the IL.
glsature is the Judiciary, and that tribunal will
so decide II the question ever comes before Il. |
think that the authority claimed for Jurors under
this law, is utterly subyersiye in its character of
all law that 1t Is no more nor less than down.