Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-05-10

conservative in its character and tendencies,
discourses Of the recent decision Of Judge Shaw
as follows;
81, virtually places liquor sellers in the same
category with wild beasts, that NAV be hunted
ont smoked out. driven out, their persons and
dwellings only being protecied,) without any re-
dress in law. when thus read the statutes-when
thus decide the courts--snd when so eeelare the
community, that the business is infamous NOT
deserving the least protection, comm IN NUS
ance we should think that all decent persons
would be for shutting up shop, and any city gov,
eminent would be careful how far they legshAeu
such traffic. - -
So lar as the Rockport case is concerned, we
have no objection to the decision. Inc hquor
was there destroyed by woman-ey mothers , anu
wives and sisters. who are the suuele' I'm
drunkenness - whose houses ate tu,"eu my
bells, their associates to demons, s" .r on Sra
hopes blasted BY the liquor business my nase
mo mower At the ballot box none as legislators,
and none in Jury seats and judges oenches' ana
we should have no objection - spec'ai law, th1'
women might protect themselves svahst 'he IL
legal and accursed traffic, by sphhng the rum
,.s-;no 5ovD the 0roe Shops aud cowhidmg
those who without license Ut law, deal rum 70
humanity aud curses for 6resides that otherwise
might be happy; but we cannot say tha' sucn
decision for men, as ChiefJusAce ohaW gives Is
at all pleasing to us. II opens zoo "'ue 1 III
for malice and revenge to play, and tor riot anu
destruction to have vent, that in the END might
overturn all law and all security for properly or
persons either"
We think the Herald overrates the danger to
be apprehended from Judge Shaw's opinion Ane
power which it declares to rest with the people is'
certainly, an important one, but it must be exer-
cised at their peril, in strict accordance with law
and under the most fearful responsibilities The
decision neither justi6es nor encourages any wan
o.I has rrhO
vert it for the qualification Of malice or revenge,
will unquestionaby be subjected to the seVeres'
penalties Of the law, under the influence oil
healthy and wholesome public sentinent'
The upshot OF the matter is this: whenever
a great nuisance exists in any intelligent ara
well-regulated community. however deeply itmay
be intrenched, they will, soon or late, find means
to abste it. IT. as in the fable, sOords will not do
and grass and sticks fail Of the desired effect.
they will. inevitably, when it becomes necessary,
resort to stones to accomplish their purpose The
people Of Massachusetts, by vast majority, had
come to the determination to rid themselves of
the terrible evils Of the illegal liquor traftc.
They believed it to be required BY religion ana
humanity, and, necessary to the welfare OF the
Stpte, and what they deliberately decide it is
their duty to do, they are in the habit of doing
To rid themselves of this evil, they have for many
years past and from year to year, resorted to such
legislation as they deemed adequate to the pur-
pose Of suppressing the traffic, quietly and
peaeeably, and without infringing Upon the just
rights of any portion of the community Butin
terested parties have always contrved, to con-
siderable extent, to defeat the purposes Of the
law. When no other means would avail, they
sought to debanch public sentiment, and to pro-
cure men to be placed upon the juries, who either
lightly regarded their oaths, whose moral
sense so perverted, as to permit them 10 re-
fuse to convict parties, even when clearly proved
tn be guilty. To meet this emergency the nui-
sance Law was enacted This throws the burthen
Of proof and conviction on the other side.
The Herald says that this decision virtually
places liquor sellers in the same category with
wild beasts, that may be hunted out, smoked out
driven out" And, why should it not Z If men
take upon themselves the character Of wild beasts
in their relations to the community if, in the
language Of the Herald, they turn the houses Of
the people into bells. make their inmates demons,
and blast all the hopes Of woman-why should
not the law place them in the same category in
which, by their own voluntary choicer in defiance
OF law, in defiance of morality, and in defiance of
public sentiment, they have placed themselves
For; it should be constantly borne in mind, that
the position is one voluntarily assumed by them
one ia which the law seeks not to place them.
but to restrain them from.
II the illegal trafickers in liquor were not as
blind as bats, they would pursue very different
course from what they have done. They would
bend to the blast which it is impossible for them
successfully to resist. Every successive step
which they have taken to resist the operation of
law, and to counterfeit public sentiment, al
though, for the moment, it might seem to be at
tended with partial success, has, in the end, in
variably led to weakening Of their position,
and the advancement Of the temperance cause;
and it will be- onward, to the end of the chapter,
if the friends Of the cause are disereet-and even
their indscretions will have the power bnt tenn
porarily to retard its progress.