The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1881-12-29
Manufaetlre and Sale of Into1 icatlng

nd eluIEcEur6 dud CddS Oi luIO7NA>'s1
Ialqasors
On the 27thof December 1876, Hon II.
w. Blair, now United States senator from
New Hampshire. but then q member Of
Congress from that State, ofesed joint
resolution in Congress. wlichzH passed by
two-thirds vote. was to he Submitted to
the Legislatures of the1seyeral States as an
amendment to the National Constitution.
This resolution was accompanied by pow
erful speech in its. support, treating the
subject of temperance from scientific,
moral, industrial. economic, political and
socialstandpoint,and adducing the opinions
of many learned men and various facts and
| figures to sustain his arguments. The res
olution and the points it involves we
give below. At this time they will furnish
food for reflection, and if the speech made
in their. support could be laid before every
of the State, it would have d marked
effect in forming public opinion;
on the joint resolution introduced by him proposing
an amendment to the Constitution Of the United
states In regard to the manufacture and sale OF
intoxicating liquors.
Mr.. Blair Mr.. Speaker, l believe that the public
good requires the protection of the American peo-
pie from the evils of alcohol by an amendment of
the Constitution
l will read the JOINT resolution which have pre-
pared, and have had the honor to present for that
purpose by the unanimous consent of the House.
Resoiped bg tho Senate ind House Of Representa-
ttres Of the tinted States Of Amertcu in Congress
assembled, U,oo-thirds Of each House concurring
Merein) That the following amendment to the Con-
to become valid when ratified by the Legislatures
OF three-fourhs of the several States, provided
in the Constitution.
ARTICLE.
Section l. From and after the year of our Lord
1900 the manufacture and sale of distilled alcoholic
intoxicating liquors, alcoholic liquors any part
of which is obtained by distillation or process
equ1vlent thereto, or any intoxicating liquors
mixed or adulterated with ardent spirits or with
any poison whatever, except for medicinal, mechan
cal, chemical, and scientific purposes, and for
in the arts, anywhere within the United states and
til Territories thereof shall cease and the impor
tation liquors from foreign states and coun
tries to the United States and Territories, and the
expectation of such liquors from and the transpor
tat1on thereof within and through any part of the
country, except for the and purposes aforesaid
shall be, and hereby is forever thereafter prohibit
ted
Sec. 2. Nothing in this article shall be &C nstrued
to waive or abrfdge any existing power of Con-
gress, nor the right, which is hereby recognized of
the people Of any State Territory to enact laws
to prevent the increase and for the suppression or
regulation OF the manufacture, sale, and use OF
liquors, and the ingredients thereof any part OF
which is alcoholic, intoxicating, poisonous, with
in It's own limits, and for the exclusion of such
liquors and ingredients therefrom any time as
well before after the close of the year of Lord
1900; but until then, and until ten years after the
ratification hereof provided in the next sectie n,
State Territory shall interfere with the trans
portaon Of said liquors or ingredients, in packa-
ges safely secured. over the usual lines of traffic
other States and Territories wherein the manufac-
ture sale, and use thereof for other purposes and
use than those excepted in the first section, shall
be lawful P0oided, That the true destination of
such packages be plainly marked thereon.
Sec. 3. Shoulh this article be ratified by three
fourths Of the States before the last day of
December, 1890, then the first section hereof shall
take effect and be force at the expiration of ten
years from such ratlficaton and the assent of any
State to this article shall not he rescinded nor
reversed.
Sec. 4. Congress shall enforce this article by all
ueedful legislation.
In order justify legislation of any kind restrict
ing the manufacture and use eff alcoholic liquors,
believe IL to be necessary to MAINTAIN these propo
sitions
First That 1t is the duty of society," through the
agency of government, which is the of
ciety, to enact and enforce all laws which, while
protecting the individual In the full possession and
enjoyment of his tnalenable rights, tend to pro-
mote the general welfare, and especially whenever
that welfare is impaired threatened by any ex-
listing or impending evil it is the duty of society to
enact and enforce laws TO restrict destroy that
evil. 1t may be proper to observe that no law can
promote the general welfare which deprives in
dtvidual of an inalienable right when that right is
properly defined, or which impairs the enjoyment
thereof, whether of life, liberty, property, the
rights well individuals, and the right such
legislation as will promote the general welfare, in
its true sense, IS Of them; and the inaI1enable
rights of individuals and the inaenable rights of
society at large are limited by, and must be
strued and enjoyed with reference to each other
Second. While society has no right to prevent or
restrict the Of article by individuals pur
poses which are beneficial only, yet if that use,
beneficial to some, is found by experience to be |
naturally and inevitably greatly Injurious in its |
effects upon others and upon society In general,
then becomes the duty OF society," in the exercise
1ndlienaDl6 w
fare and in sefdefence to social life just sthe in
dividual may defend his natural life, to prohibit
regulate restrict the of that article, as the
case may require The principle is daily applied
in laws which control the manufacture and use Of
gunpowder, nttro-glycerine, dynamite, and other 1
things of great and dangerous potency, the unre-
strained use Of which, even for useful purposes,
has been shown by experience to be destructive to
the inaienable rights of others This results from
the common principle of law that every man must |
90 enjoy his own rights neither to destroy i'm
pair those of another and it is the end of and
for which government is instituted among men 10
Third No person has 4 right to do that to nm
self which impairs or perverts his powers and
when ne does so by means Of that which society
reach and remove by law, TO such extent to be,
come a burden source of danger to others,
or TO be essentially incapacttated to discharge his
duties TO himself, his family, and society," the law
that is society, should protect both him and itself
man has no more right to destroy his inalienable
rights than those of another, than another has
to deprive him of his The law restraining the
spendthrift in the destruction of his inalenable
right in property and Furnishing suicide las the
tempted selfmurder (as the law does now are
familiar examples of the application of this prin-
ciple.
These elementary principles of law and of
common sense. They are corner-stones of all just
government, To these principles every member Of
society is held to have given his consent They are
unquestioned, as far as know, by any who be
ueves in any law. They are automatic and indie,
structible as the social organization itself
Fourth. The use (unless incidentally of alcohol
ic liquors to the extent of tntoxication--whieh,
will hereafter be seen, is the thing Intox
1cation-is injury to the individuals it incts grea
evil upon society at large 1t is destructive gen
eral welfare; 1t Is of nature which may be greatly
restricted If destroyed by the enforcement OF ap
propriate laws consequently such laws should be
enacted and enforced; and this should be done
country, either by the States, or by the General
Government, or by both, If such laws can ba made
more efficient thereby.
believe this proposition to be true and respect
fully ask candid attention to the facts and observa
tions which follow,