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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"-
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