The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1858-01-15

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ub;scts Of military servico b enrolled in the
manner now provided BY Law, but subjected
Q no active duty; and that the uniformed
militia now authorized for active duty, b
educod to at last three thousand men with
uitable provisions for rations while on du-
y. i
The frequent complaints Of the System Of
Itachments on mense process, and the senti- |
nent more or less prevalent for some provis- |
on for the equitable distribution Of estates |
IF insolvent debtors, would seem TO call for
,ome consideration Of the subject by the
The matter, 10 submitted to
your Judgment.
For statement ofthe financial condition
IF the State, you are referred to the report
Of the Treasurer. IL is not understood to
bc at all aattering. An approximate est-
mate Of expenditures and receipts for the
current years, will show the annual income
Of the State to be insufficient to meet its cur
rent expenditures, and will leave deficit at
the end OF the year Of some sixty thousand
dollars.
An increase Of State tax upon the present
valuation would not sesgtto b desirable or
equitable. How then al the Treasury DO
relievedf Il may DO found practicable in
one Of two ways, or both, namely, by trans
ferring portion Of the demands upon II 70
other quarters, or by reducing the expendi-
tuies. The cost Of criminal prosecutions
are an annual drain upon the Treasury OF
between S35, 900 and $4,000, and 1t may
DO worthy Of consideration whether these
expenses might not, with propristy and econ
omy, DO betrayed by the several counties In
which they originated, both as . present re-
lief and as permanent requirement.. Win
O view to further relief commend to your
close examination the items Of anticipated
disbursements and the enforcement Of rig.
id &C onomy in every department OF expendi-
turc, suggesting especially that the item Of
legislative expenses may and ought to DO
grea tly diminished, and herein, may your
session have the special merit Of being an In
dustrious and short one, and thus alleviate
the public burdens.
The people of the State view with deep
solicitude the subject Of the traffic in intoxi-
eating drinks. The prevalence Of intempsr-
ance consequent upon the nearly unrestrict-
ed traffic, is just cause for public alarm
The sentiment is nearly universal as to the
common danger from this source, and the
demand for some adequate remedy 10 equal
ly universal The sentiment as to the best
methods OF relief, is not equally concordant,
and from this want OF harmony there is rea-
son 10 apprehend that the cause Of temper
ance, VIII ch all right minded citizens desire
to promote, may suffer harm.
II is contended that in this great reform,
reliance must be placed in efforts strictly
moral, and that all legislative penalties are
unwisc and injurious-that men cannot be
reformed of their habits by penal enact
ments. There may be more or less truth in
this position its iallacy, however, consists
in assigning to the Legislature province
essentially foreign to il. The Legislature
assumes 70 deal with the traffic Us it is sup.
posed to effect injuriously the well being Of
the State, and does not address itself to the
moral sense of the individual IN to what is
right or wrong in moral conduct merely
The legislator takes cognizancs Of the prev
slence Of traffic which aalicts the State
with crime, pauperism and disorder, and ac-
cording to his observation is injurious to the
public morals, health and general prosperity,
and for these reasons he seeks to suppress it.
Upon this, US upon other subjects, there
may be incorporate legislation which will
react against the salutary objects sought to
DO promoted but upon this, as upon all
other important subjects, there may be
found, it Is to be hoped, u common principle
or basis upon which intelligent and we'll dis.
posed men may unite for the promotion OF
the common object.
With the lights Of experience and sense
of the magnitude Of the evil, and with u
general feeling among the people that this
whole subject is prominently moral ques-
tion, tho times, itls believed, are favorable
to cllm delibeatIon and united effort, with
the common purpose Of enacting the most
Efficient and expedient law possible - the
most efficient because tie most eSpedient.
That the evil falls within the power Of the
and that the exercise Of its
power is expedient, is sustained by the leg
islatiOn Of this country FROM its earliest se:-
Element. The right Of this exercise Of the
legislative power over the subject, conceded,
it only remains, Us practical question, to
the extent of the power and how
far it is expcdlent to exercise il. All will
agree that il is expedient ~ exercise 50 much
or ascertalned power, as may be
required to accomplish the object.
Happily the extent of the conservative
power of the State, ON this and kindred
subjects, has been clearly defined and settled
by the Judiciary in this country, both fed
eral and state.
The present Chief Justice Of the Supreme
Court OF the United States, in pronouncing
the opinion Of the court in case involving
this right OF the State, says "eyery State
may regulate its internal traffic according to
its judgment and upon its own views Of the
interests and well being Of its citizens. IL
any State deems the retail and tn,i6e i'm ar
dent spirits injurious to its citizens, and cal.
culated TO produce idleness, vice and de-
bauchery, l zee nothing in tho constitution
Of the United States to prevent it from reg
ulating and restraining the traffic, and pro.
hibiting il altogether, II il think proper
The acknowledged police power Of the State
extends often to the destruction Of property.
Every thing prejudicial to the health and
morals Of the community, may be removed.
II the foreign article be injurious to the
health and morals of the country, State
may, in the exercise Of that great and con-
sentative police power, which lies at the
gifts prosperity, prohibit the sale
Df it,"
The decisions Of our own State Court are
equally comprehensive and explicit. The
ate Chief Justice employs this language
The State by its legislative enactments, act
Ing prosrectiyely, may determine that arti.
,les, injurious to public health or morals,
shall not constitute property within its ju-
risliction. IL may come ~ the conclusion
that spirituous liquors, when used rs q bey.
srags, arc productive Of great variety Of
lis and evils to the people, both IN their in.
liyidual and in their associate relations
that the least use Of them for such q purpose
IS injurious, and suited to produce, by u
,reater use, serious injury u the comfort, |
morals and health that the common use OF
hem for such q purpose. operates 70 dimin- |
a A IL. II. HI