Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-02-10

truly taken in regard to the falling off in re-
spect for the liquor law.
Shall we ask ourselves what has led to
this state of things? Is the prohibitory law
uncertain? Is it doubtful in its meaning9
Is it partial. in its application? No law
which clearly defines its intent or its penalty,
so sure in its application can be deemed I'M
certain, offering no indulgence to one class
or loop-hole to another. The influence Of
property cannot evade it; justice to the often
der and safety to society are its attributes. But
society has no respect for any law not enforced.
The administration and application of any
law depends upon judicial and executive
powers under the government. If then the
officer or executive head OF any department
evades making application of any law, the
very opposing forces which demand the en-
actment of such law, gradually over-awe and
place the value of such enactment in a false
light before the public. Is there a doubt in
your minds that an uncertain execution of
the law against couutcrfciting; tenderness
towards invading the individual right to gam
bic or abuse dumb beasts, or against smuggl-
ing, or theft. or arson, would not result in a
disturbed state of society? 1 o. w ee
SO with the sale of intoxicating liquors. Let
there be an uncertainty in its execution, a
shrinking on the part of the executive officer
of the law, to perform his duty, and that por-
ton of society requiring such laws are ready
and prompt to take advantage of it, and grad
ually public sentiment rules against this,
which, if applied in the spirit of the law,
would make it satisfactory.
Again, the stringcncy of the act Of 81,
imprisonment for the first otience), filed the
minds of timid men with fear that it was an
inroad upon social and individual rights.
Added to this feeling was the injudieious Sc
lection of some Of the constables, whose ac-
ton became offensive with their authority for
invasion aud search upon private premises,
without any bonds for the security OF the pub
lie against wrong, which they might fall into,
as well a sheriff other officer.
Is it strange that n doubt springs up in the
minds of many as to the propriety of the con-
stabulary law! Therefore, when u bill which
gave police chief selected for two years,
power to select his deputies, none of Which
were under bonds but who have power to COM
mand the sheriffs who were under bonds,
it was not strange that reaction from such
causes should result in disrespect for law
which required such extraordinary powers to
execute it.. Reflection does not confirm me
in the belief that this timitlity or prejudice
was well founded against the law; for l am
pursuaded that the law did far more good than
harm, and if continued would undoubtedly
have worked clear of objectional points ex-
cept to those who are never in favor of law
which abrdges their evil purposes.
The reaction which followed the repeal of
this constabulary act was seized upon as cvi-
dence against the principles of prohibition,
and gained ground from the action of the
Jealous friends of the constabulary act, in
standing aloof from any movements towards
the enforcement of the prohibitory law which
had not been disturbed. Many enthusiastic
police law supporters actually advised entire
rest from enforcing the law, because they
were unable to carry their extreme views in
its execution; willing to see free indulgence
as a consolation for temporary defeat and dis
appointment.
On the other hand the same feeling Of dis
gust and luke-warmness has pervaded the
minds of many lifelong, earnest temperance
supporters, when weighing the matter from
their own stand point, and they decide that it
is not polite to force extraordinary measures
too fast, they find themselves denounced,
held up to scorn as dishonest, untrue, uu-
faithful. Yon have only to refer to the
speeches which are in print to make good
this statement. The change in the law for
selection of sheriffs by the Governor to cleo
ton by the people, has embarrassed the free
exercise of authority in some localities. As
the Governor is the executive head, so ought
he to select those who are to exercise similar
functions under him, or not be in any man.
ner held responsible for their action.
Inasmuch as laws are general in their APP
plication over State, so ought every chance
for local influence to be removed from their
execution. Does a sheriff or deputy care to
enforce law however good in a general
view, if obnoxious to the local sentiment
81 no ~ hin, t.
blameable if the laws are not executed when
he has no power in his hands to select or re-
move those who should execute them?
Having mentioned some of the causes which
apparently have led to falling off in respect
for the present law of prohibition, let us con-
slider the bearing of this state of things upon
the republican party of Maine, who are re-
sponsible for the bearings of the laws of the
State upon society. 1t was not my privilege
to mingle with the people of Maine during the
operation of the constabulary law or the dis
cussions which led to its repeal, but my con-
illusions are that on account of the disturbances
in the general tide of society by reason of the
war, and the reasons mentioned heretofore,
public opinion would not sustain its workings,
SO new. so positive, SO without precedent.
Is it strange that men just emerging from
extraordinary excitement, from the nature of
which steady progress in true political econ
omy had been arrested, and the moral and
ply steal force of the nation exhausted in the
terrible battle for human freedom should be
slow in accepting law which was SO in con-
trast with the moral license which for several
years had pervaded society?
Is it strange that men who valued the re-
publican party as the exponent of all that is
contained in the charter rights of .freem en-
should doubt the propriety of perilling party,
outside of which they had nothing to cling to !!
perilling a national party which had stood
the fire of rebellion-of enemies at home and
foes abroad--for a State issue, not a ps'inei-
pie, not a law, but difference as to how a
law should be executed, whether by an execu-
tive officer of the State, or by special police
officer. Use ..tf. 3
/ have no hesitation in declaring my belief
in the necessity of the law of prohibition, and
Of its vigorous, enforcement by such laws as
the people of the State will sustain. If we
perilled only the police act l should not hes-
tate to give trial to one which might be
framed.
But TO enact one the nronriety of which so
many doubt, we peril the entire party inter-
ests in the State and her interests in the ma
tional councils. voted against the passage
q .LoA ,ol;ca hill at the last session, And