The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-04-04
The New Principle" in the Consti-
tuition.

| To the Editor Of the Press:
The Bath Times, opposing the proposed
| prohibitory amendment, maintains that the
| amendment introduces ga new principle" into
cur fundamental law. 1.-THE entire instru-
ment," it Gays, "has reference alone to public
officers" "Not word of what the individual
citizen may or may not do" Let us examine
| this venerable document and ascertain wheth-
er Editor Upton Is not as faulty in his diagno-
sis Of the constitution as he and the Bangor re-
porter are as to the position of Judge Appleton
| upon the proposed prohibitory amendment.
The constitution of Maine, like the constitu-
| ton OF the United States, in its preamble de-
clares as the purpose of government, ito es-
tablish justice, insure tranquility, provide for
mutual defense, and promote the common toeI-
| fare" Fur the furtnerance of these objects
the constitution was established; and the sec
ond article of the bill of rights declares IL to be
an indefeasible right, inherent in the people,
not only to institute government" but to
alter, reform, or totally change the same,
when their safety and happiness require It,"
The common welfare, the public safety, being
the chief object of governments and constitu-
tiona it would not be especially startling "to
introduce new principle" into the fuDdamen-
tai law, shoEld such action be required by
the exigencies of the times. At all events
when the people caused to be written In the
fundamental law of the nation the declaration
that neither slavery nor involuntary servttude
shall exist within the United States
they certainly concluded to risk the expert
meDt.
But is it true that our State constitution is
simple code of laws for the regulation Of "the
executive, legislative aud Judicial" depart
ments Of the govemmeDt-that 1t says "not
word of what the individual citizen may or
may not do?" An examination of the vensra-
BILE "charter of our liberties," accessible to any
one having copy Of the Maine State Regis
ter, certainly excites the suspicion that wher
Mr. Upton last read the constitution bis spec
tacles were not within easy reachl On the
very first page of the constitution we find Il
set forth that "men have sn unaliensblo right
TO worship Almighty God" and that mo one
shall he hurt, mOlested, or restr aimed" in so
doing, provided he dees not disturb the pub
lie peace;" and following closely, that "every
citizen may freely speak, write and publish"
Freedom from unreasonable search and seizure
is qua ranteed the citizen is assured 3 speedy
and an impartial public trial; his life shall not
twice be placed in jeopardy for the same Of
fence; he may keep and bear arms for the
common defense; If soldier, he shall not In
time Of peace be quartered in any house with
out the owners consent; and he shall not have
thrust upon him any title OF nobility or heredi-
Sry distinction.
Leaving the "bill of rights" we find the con-
stitution giving to either house of the legisla-
ture the riaht to imprison any person for dis
respectful or disorderly behavior in its pres
ence; the legislature is authorized to exclude
from the right OF suffrage for ten years all per-
sons convicted of bribery at any election; IL is
decreed that no town or city shall run in debt
to an amount exceeding five per cent. of its
last valuation; and in effect the organic law
declares against the crime of ignorance by re-
quiriUg the several towns to make suitable
provision at their own expense for the mainte-
nance of public schools In short, whatever IL
is necessary that the constitution shall provide
for promoting the common welfare and secur-
ing the public safety, it has never hesitated to
do, either in State or Nation.
But Editor y pton thiuks that the PROPOSE
ton to write in the fundamental law the dec
laration that "the manufacture of intoxicating
liquors, and the sale and keeping for sale OF
Intoxicating liquors are and shall be forever
prohibited, Is not only unwise, but Is ALSO
lutely Revolutionary Indeed, when the in
novation is once made and the grog-shop is
suppressed by constitutional inhibition, he fears
that the current of pubic sentiment which
has overthrown the distillery and the grog-
shop may next "sweep against the church"
In answer to this suggestion, it Is only neces-
sary to remind the writer that it is "the will of
the people" that makes and nnmakes consti-
tutions-lndeed, constitutions are but the ex-
preston of this will. If at any time the peo-
pie OF this country shall demand the over
throw OF the churches, it will be not because
OF the suppression of the grog-shop, but rather
the result OF the domination in our large cities
and towns of the vicious element which the
6ram-shop nurtures. And it is because the
Christian people of this country have awak-
ened to a realization of this fact as never be-
fore that the church and the schoolhouse are
united in this crusade for constitutional prohi-
hition--pot in Maine alone, but in every State
- oy SsOIn5 S<42susaOa
In this Countrywide church and the grog-shop
are in deadly hostility: the one or the other
must be overthrown; and If the church shall
be struck down In the terrible contest now be-
ing waged in the moral world it will be be-
cause it has done too little rather than too
much in the war against the grog-shopI
81. A. 8.