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About Oregon spectator. (Oregon City, O.T. [i.e. Or.]) 1846-1855 | View Entire Issue (May 13, 1847)
.t V I a IclLlHL For lh OrtfonrtpecUlor. The LIcmw Law. Mit. ISditox I send you my thought rrtcutiiig thn present License law or tliU Territory. I havo long buon looking for and anxiously waiting to Hen somo articlo bringing thin law incompuriwon with tho principles til common jusliuo between the uiiportnr and distiller and also between tlio citizens and community ut largo. One man spuuks of Oregon as it wo and in liu bcriiit fearful to venture upon the fuluro or to call u question nets and proceedings that havo opened thn fountains or wnc ami misery that :tiv to follow, and legalized these sources of vils of which ho speaks. My object at present is, to do with a law ( find in the iwciity.sixth number of tho Spectator. It omes to uh granting ccrtnin privileges to u (.articular wit of men. J'or, Mr. ivlitor, ,.'iu know that uouo hut men who have lost !tll senso of moral obligation, and who cure not what misery and won they cuusc toot horn, nill ut the presont day engage in making .iml .selling that to hia neighbor that h knows will do him no good, but evil, and only evil. This law require you and inn an citizens or iflicers of our cou rU to guard'thoso privile ges and right which it confers upon thii particular Hot of men. It imposes a finn of nut more than onu hundred and fifty dollars, nor less tlian twenty-five dollars, upon any person who shull violate the act or law, and i In ruby invade tho rights ol such as may have received a license according to the pro. vision-, of this act, subjecting thn violators of tin' act in regard to Indians to a fine of not more limn HOO nor Ijhi than fi dollars. This utt seems m have conic from our rep. r.'tcntativrn in great haste. It (if I may us- the exon-sKion) gives liberty with a ven. nance. The disposition to remove all re--Taint from the use of Alcohol among us, cm to have Im-cii S3 great in thu minds of t!i- (rumur and supporters of the act, that In v forgot to uflord the least protection to tin- distiller, and allow thn free introduction r importation of ull kinds of liquors, with. (it the leust duty or regulation to govern any uipurtcr whatsoever. If there is any clause hi the uct plucing the importer and distiller ifxiii equal terms, I do not so understand it. flerc tljcn is u manifest injury to the person who is disposed to invest his capital in a dis. tillcry: for he must pay to the Torritory the stun of ihroe hundred dollars for tho priv. ilcg'j or producing, what another pays no. thing for importing. The second and third l.iv. of home or domestic dealers in distilled -pintuus liquors or wine arc placed under Hi" -a 1 1 if unequal iu!ijtirs. For I cannot ttnd the first word or intimation to'proliihit r restrict thn iiiipirter in filling the country with all kinds ot intoxicating liiitors, and iihhisiii; of thi'in where, am) to wli'im, lie pleases, provided lie does not (.stabiish a dirt. 'ilh)r, a wi'innlo or lotuil uroci rlv or "ir.i n .shop. A vessel is not pr. Ii'iice formed a fiiraui suup: uuiicu tuts law annot Touch tbciii or any jhtmiii importing in. and iiispiMing of. from any vessel, any iuuutity if liipior he pleases. in the lilh .section of the act. - the only intimation which can, by any construction whatever, bo applied to iuiortcr. That Miction will allow any amount of cargo of liquort to Im ilixpoM.il of to any one man a: .my one time, ptovided he p.iys a fine of (the highest amount,) fifty dollar-, less than tho second cluss of dealers ; and if ho is a clev. r fellow, can go, by paving twenty-five dol lars. The seventh .section is, if possible, still more uiiiwt. If wo admit the principle, that this law attempts to secure to the citi. .en, t" w it : the right to do with his proper iv as he pleases, proviihd he pays the -null specified in the sei-ond and third see. nous of this uct. IScsidcs. by paying the tine, (which in the shape of a license in sell to Indians in u small onu) of three hundred dollars; or, us in the case of thu importer, h" may pay only live dollars, and bell us much us uh ho pleases. Thn section does not .specify that this finn is for cacli nm! even ojl'cncr, us in l ho case of tho violation of thn uct touching thn rights of those who urn not Indian.). A receipt from tho (1 was going to say) Treasuici ol Oiugou, but 1 find no p'M'suu is specified to whom this fine must bn paid; therefore, a receipt from any ofiicor or person mimed in thn eighth section, will se. cure tho person against a repetition of tho I'uie us specified in tho Buventh provided tho ofiicor or individual payu thu r.um he re olvon into tho treasury of the county, as pur ninth '.ection Oregon Spectator. tntr&rsr " " ssawwrsresis Westward thr 8ur afgmpiw talus Hi way." Vol, II. Oregon City, (Oregon Tor.) Tbindty, May 13, 1847. Ifo. I. in le "a I 'tuns- distiller;, "roixerv. Iicneu tuts law I rep'jut, Mr. Editor, there is evidently a want of proper consideration on tho part of thoso who brought forward and sustained this law. The excitement which it occa sioned and the disposition . manifested in its provisions indicate that something was wrong in the propor securing of tho professed, ob ject of the licence law. Equal and irnpar tial justice is not dealt out to tho rum scllcm and dealers in distilled spirituous liquors. Tho uct is loo vuguo and inexplicit to iuablo the ofiicor r our courts or our grand juries to bring to bear it provisions upon any class of men ptcinlly an act of this kind touching tho subject of alcoholic liquors. It is tho extreme of tho uct passed by a pre vious legislature with tho difference that that art guarded clovly tho rights of the entire people; this is recklcm ol tho best in. tcrcst of thn people, it throws open thn door to vice immorality and crime, while the other dosed it entirely. N I ask does this law" come whhin the spirit of the articles of compact by which we are go veined us a people.' Do tho people of Oregon in order to secure "mutual protection, peace, and protpcrity, and to regu'ste the in troduction' -am I right, dons our constitu tion say anything about the introduction of urdenf spirits! and of tho powers of our leg. iilatum to regulate or place any restrictions upon it ?) ltdoes; it says, "to regulate the introduction, manufacture or sale of ardent spirits." 1 repeat, no thn people in order to secure tho great eft blessings to ourselves us a pco. pie or nation require that any "person or persons" should be licenced to moke and sell any quantity of liquors for tho sum of three, two, or one hundred dollars? Do tho rautu. al protection, peace, and prosperity of your county require so much regulation in the shape of licensing distilleries and grogcries in hi Is there a law iu the .statute book thn ten dency of which is to ioluto the principles of our compact to injure our community to ruin our fellow citizens, by inducing them to squander their proper!), to injure their families, commit crime uud destroy thorn selves. That law shutild be euuva-scd and I you m discharging tin high und responsible duties devolving upon )ou as editor of a free pros, ( an do i.o less lhan gie a public ex pression of such views Uwn it. as ma) l presented to ou. The passage ot a law upon this .ame sub ject by a previous legislature restricted the sale or importation ot liquor to tlio practtc inn phvsiciun. und flowed him to dispose of only a Vertuiii quantity for medical purposes. It imposed no licence upon the phvsiciun. ami did not allow any person irrespective of character or standing to manufacture and sell us much as he pleased. It did not till the Trrtilorinl Treasury with thn price of tho tears of the wife, the' heggard children, and the woe and horror of the drunkard. It did not call tijion the peaceable ard quiet citizen to protect tho disturber of the peace and huppiness ol families and tho neighbor hood. It held out no inducement or encour agement to gambling, vice, and crime. True it was imperfect und it was violated, and so is the present law violated, and it will be, be. cuuso it is not based upon correct principles. Kill becuuse u law is Hublo to bo and .is vi. olultd, is no reason why it should not ho en-foit-ed so long as it is a law. You will pardon mo Mr. Kdilor, if I call your attention to the sixth section of the in -tides of I ho compact by which wc nrn gov rrued. It suys, after going on defining tho power of tho IIouw of Representative res pecting laying out tho Territory into t)is IriiU.'apoiiioning tho Representatives, rais. ing rovenuc, opening roads, chartering com. ranies, intercourse of the people with the ndiun tribes, dec. Ate. It says, to puss lavvH to rtgulale tho introdMtion, mtmvfaC' turc'or gate, of ardent upiritu it then goes on and enumerates the currency inferior tribunals not provided for by these articles of compact, and then says "and generally to pass such laws to jromoU" does it say iutikrift, grogeriet, drunketmett, tiet, crime, poverty, wrcufainu, woe., misery, and rvht of the people 1 Or does it say it shall have power to pass laws to promote and protect the general interest of whiskey maken sod venders alone. ai the risk of ovenrkalssJssl ftbo country with vice and crime and destroy ing all law. Wo would naturaliy..suppose from tho manner some men talk about the legislatures not having power to pass a law to prevent the evils arising from the free use of liquors among us, that they must be bound to pass some such law as the one we have before us, and that this law must -be a constitutional law certainly no one is at liberty to doubt this at this time, as we have had the decision of the supreme judge on the other, and tho governor, and judge, and every body pronounced that, an unconstitu tional law. Hut let us sec what our constitution says tho House of Representatives shall havo pow er to do. It says, "and generally to pass such laws to promote the general welfare," (not' of the distiller and venders alone,) but "of tho people of Oregon, not contrary to the spirit" f what? the lovors of intoai cating drinks, wo should suppose this must be the casofrom tho decisions that have been made upon" this subject, but it says, "the mirit of thu instrument." What then is thn spirit of this instrument? It says in its preamble, (which In most other cases at least expresses the latent and object of the instrument that folloVs after It,) that "we the;" (does it say frieaids of rum and distille ries? No, it says "people of OrtgonrTerri' lory for purposes of" is it securing and protecting the distiller, vendor and importer of rum and ruin among us, in their distribu tion of poison, or that that is sura to bring poverty, won and want to all who become the recipients of their productions, oris it "for tmrpoicj of mutuol" drunkeness and vice, I und sustaining and supporting all laws that shall m passed to protect these pests and i nuisances among us, or is it mutual protec , timi." from the influence of this scourge of individuals and nations. The preamble says further, "and to secure" what? these that deserve not the name of men, in their efforts to ruin our brightest, best, and noblest prospects for this and the world to conic, and in their business to dis tribute quarrels, discord, blows and death, to i the peaceable and heretofore respectable, and , prosperous individual und family: No, this I- . t. .L .!. was never me inicni nor is u me spiru 01 lliai instrument, uuu iiu mm uu u i, uuncn his own sobnr senses. But let us proceed to find out wimrthing more ol the spirit of this instrument, from its preamble. It says in so many words that its object is "to secure peace, and prosperity among ourselces." It goes on and says still further, "For th pur pose of fixing tin principles of civil and" ilnnu it cuv imiiinrnl nnd drunken libcriv. ' or docs it say tlio liberty for "any individual" or vagabond, who can get a hundred or morn dollars to get :i license, to cause as much ovil, vicc.crimo and misery as he can? Or docs it suy "relighu liberty, us the ba sis upon which this "license law is founded, nnd wo are now culled upon to enforce it and sen In it, that nono of those wretches w ho have ohtuined a licenxn nro injured by some one else sollint! or uivinc without n I'tense. It savh. "as the basi.tafad law and eonstilti. ' ttipiix of utuurnment that way hereafter be ( UUUflltll . Let us look little further and see whut tlio third section of tho first article says docs it sav dittiiU rier, groceries und anient piril being nouesaarv to good gnvenimc.nl und tho happiness of mankind, drunkenness und tlio moons of poverty shull tor ever ho encouraged or docs it nay that "religion, modesty and knowledge being necessary to good government nnd the linppin'fs of man- SSSSBBSSSSSSSSSSSSSmmWmWmWmlBS kiad, sefmie aad he mmvfmlittmimiiMl forever h ssMOUfagaftV r , t j n ,"i Now let m loo ;ai tlsf Mom Jaw, a viewc its ialHsM up- mn& this Territory wkhaa IMii aoeifase except U Ee of btiaj led iW,wH ef proper knowledge of the esfcet aad tolu ene, of liquor npo tkafrrMto ofin, ternperaaoe aad draakcMfaa, fUny of them have actaally cam to title country to avoid the iajsjsais ef th distillery and grogenrraad kaow fnmmi )aaftrleaoo that they cannot wltasliai ta teavfMtoa. 1 aey know and feel that wbm Uquor. card spiriu and viae wMeh tale law Uoeneei tho sale of. comewkMa their fMMb, they art the. slaves to it, aot volnatarily, hat lavofmrtari; ly. -Here again wo aavo aMtaer VMaaufo of the spirit of the oonpaet saadtioacd By this law. Mr. Editor fren Use rossarka aad review, Ibavasaaaeof thaalawatoawill aot ask me seaipcaaiaay rtetlsMrefaaassjaaa tkam. It has keen my ohjeet aad armtt'taeee re marks, first to find oat what ii ardrity;'you see the freedom whk which 1 hat aprese ed it. I here amrm to yoa Mr. 'Sifter, that with my knowledge of the iisaaasjoas', and pniotpatioa m draftiag and piaawttof the a nicies of compact to the jpesato Of Orifoni that I cannot as pwridiayjadga of a oouaty court, consistent with my views aad kaowl edge of our articles of cosnpaot, aad of' this law, comply with its requisitions aad give r license to "any person or persoas," or vaga bond, who will presume to tender to mo the Treasurer's receipt, as per 1st seetioa of this liquor or license law. Had sock keen. the case our courts would doubtless kavc been obliged to enforce tho 1st section of the law creating county courts agaiatt the writer, and in that case this law could have been tested upon a-different principle than the former one was. I believe it to ho a vi olation of tho letter!, and spirit of oar corn pact or constitution; I also believe that the legislature had no eowtitutkmat right to make a law graatmg a ueonss to retail naaor to any person, oxeeVt for medstol' aai me chanical purposes. Tksoalylawoataosab. ject they could ia aosordaass whk feka safrit of that instrument make, would ho oas to nan it to the smallest possible a,saaUli tko "kt traduction, manuiaotare, aad salo, ardoat spirits among us; this they oeald do. It has nothing to do with the coastitutioa of tk United States; our articles Of compact do not know tho United States nor its ooattita tion, until its jurisdiction is extended over as. The present license law is a violation of the treaty between the United States, Groat Britain and Russia, whioh does not allow tko Manufacture of liquors in an Indian couatry. It is also a violation of all the laws of fko United States, in force in any Indian COM try. iiow it is that Judge Burnett could or should havb decided agamst-jn regard to tko other law, lam at a loss to know; unless ko decided-from tho title of the taw and aot from the spirit and letter of the law aad tho articles of compact. Public sentiment oan not make a law unconstitutional, unless tko constitution is altored to make it so. I have already consumed more time than I intended to, and still I do not know but it is my duty to call the attention of the pub. lie to the subject of liquors as a nuistaCf, leaving all liquor laws out of the question. Common justice and humanity dictates taat"" whatever' is evil and injurious to a commu nity, and tends to promote vice, crime, im morality, disease, and death, should be re. moved. If this is not tho legitimato work and r fleet of liquor, tell mo what caused tko death of Paddy Rowlin, and the wound of Robinson, and if distilleries and dram shops uro not a public nuisance tell me what is,? I might anticipato tho reply of some that would be popular in taking up what they may imagino is tho popular side of this question, at this time. But Mr. Editor, liav e opened the subject and should a reply bn made, bo ho kind as to toll the person that they may expect an answer ia duo lime und.nllow me to subscribe myself. Yours, etc. W. H. G. For tba Oitfta Sses4atv Mit. Kir.-oR Tho Modecte bade lit ybfr itfrf' on Monday the aid ins!, much' sagreitjo! hv oun and nil hero, and wo wish them a slip j und speedy pnstmgo to their uaifveahcjraa; u amipormit mo to add during their long rsafe ilencc in Oregon they havo by their arbasii . ty nnd hospitality made nnd leave "bnhind"- 4 M