The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-01-14
Are Laws Prohibiting the Liquor
Traffic Beyond the Legitimate
Sphere Of Government?

} one plcdSeSi ana, II tlIS qeHDItlOn Is
the standard by which we are to be
governed in order to determine whether
prohibition is an infringement of liberty
we freely concur in the opinion that it
Is. II all laws which impose restraint
dpon our conduct aud withhold from
individuals the ability to do as theya
please, are to be interdicted there would
be bat few laws left OF the many which
compose our st9tute-boOk. Law is
scarcely anything else than an imposing
If restraints Upon the conduct and the
.bridgemeut OF the liberties Of individ-
uais. What Is the law prohibiting hom
jelJe other than d restriction upon the
inclination Of men 90 take the life OF
their fe.iows2 OF what utility is the
law against profane swearing if it I'm
poses no restraint upon the disposition
1t men to take the name of the Lord
in vain?
The above definition Is not the correct
one when the term "liberty" is used in
connection with the CELEBRITIES of the
psople;" nor is this its meaning where
10 occurs in the preamble of the Const'
sntion OF the United States aud In the
Declaration Of independence In the
former, it is declared that "we the peo
pie of the United States, in order tdl
form a more perfect union = and
-ecare the blessings of tbGtg to our
selves and our posterity, do ordain and
establish this Constitution" etc. 1T is !
said i'm the Declaration of independence
ehat all men are endowed with certain
uaiienable rights; that among these
are life, liberty, and the pursuit OF hap
D.
iom from restraint, or the ability TO do
as one piea,es, that the term liberty j.
used in the above quotations, its best0w-
ment upon man would be the greatest
calamity that could befall him. As
there used, il is to be understood in the
,ense Of cirH i.berty, by which is meant
chat liberty to which one is entitled, |
aid of which he cannot be rightfullv
deprived as a member of society. The |
learned Mr.. Markham, Archbishop of
York, defines it in these words: Civil, /
,r legal liberty, is that which consists |
in a freedom from all restraints, except |
such as established law imposes for the |
good Of the community to which the |
partial good Of each individual is oblig |
ed to give place" The distinguished |
Paley says: civil liberty is the not |
being restrained by any law but what |
conduces in a greater degree to the pub
lie welfare" The following is Black |
stones definition: Political, therefore |
or civil liberty, which is that of mem |
Der Of society, IS no ether than natural |
liberty, so far restrained by human |
laws, and no further, as is necessary
and expediont to the general advantage
Of the public"
According to these definitions, gov
ernment has the right to deprive men
Of the exercise of any liberty if it is |
essential to the general welfare of the |
public. They even embody the idea
,hat hardship, and. what would under
other circumstances he Justly pro- |
uOuuced,. an injustice, may be inflicted
on the individual members of society if
it is essential TO the good of the whole !
For instance, because the puDiic good
and necessity demand it, the legislature
frequently grants TO railroad corpora
tious q right of way over the premises
Of individuals and invests the company
wilh the power TO compel a surrender Of
the titie. should any one refuse willing.
iv 10 part with the same. The corpora
ti0n may, if it sees fit, run its track
To the ground his dwelling, thereby
destroying the most halloEed and sacred
associations, upon the condition Of pay
ing a mere H9nied valuation for the
injury sustained For the same reason,
and in accordance with the same princi-
pie, the legislature of our State has reg
llated the toll Of millers and the charges
Of ferrvmen. Tested, then, by this def
Ill La 4
chat prohibition is an unauthorized
abridgement Of liberty, or that such
legislation l. beyond the legitimate
sphere of Government?
1t is a well-known political maxim
that the good of the whole is to be pre-
terred to that OF the few; and if prohib
hibity legislation will be productive of
good to the great body OF the people,
although it might result in injury to
some-which il denied-it ought to re-
ceive our hearty appreciation. Society,
through its agent, government, affords
US protection against injury to our prop
perCy and violence TO our persOnsi aud
IN consideration of this protection de
mands in return that we yield up and
refrain from the exercise of certain
rights or liberties which in state OF
nature, and disconnected with society,
we would have right to enjoy. The
only test, then, by which to determine
whether law Is an infringement of
the Liberties of the people, is whether it
is necessary and eIpedient for the Pabtlc
,ceIdre.
il is mistaken idea that men are
born with a natural and an iualienable
right to regulate their own private con-
duet The history of legislation in all civ
| ilized countries will show that the most
private relations of mans life have
been invaded by the government when
| IL was deemed necessary and expedient
/ to the public interest and safety. ord
| aaritg the assumption of such power by
| The government is unjustihable. 1t
should be exercised only when the pull
| lie welfare and safety stand much in
need of it. Mems private concerns can
generally be best controlled by them
selves TO enact laws regulating all of
them would render the Code of Missis-
sippi more voluminous than the
! Pandects of Rome or the Institutes Of
.Justinian; and would extend the terms
of our courts and thereby increase taxa
| ton to such degree as would be ex-
ceedingly burdensome to the people. II
is for this reason and not that men have
any natural or Inherent right to regu-
late their private conduct, that govern
ment does not ordinarily assume the
authority.
In confirmation of the views hitherto
expressed, I quote from the let Vol.
Of Blackstoue's Commentaries. Relative
to the subject of liberty, he says;
''The absolute rights of man, con-
sidered as free agent, endowed with
discernment to know good from evil, and
with power of choosing those measures
which appear to be most desirable, are
usually sunni ed up in one general ap-
pellation and denominated the natural
liberty of mankind. This natural liberty
consists properly in the power of acting
as one thinks fit, without any restraint
or control, unless by the law of nature,
being a right inherent in US by birth and
one Of the gifts of God to man at his
/ l. -@fc ,eI