PROHIBITION.
It has taken nearly half a century
to convince the people that only in total abstinence
lies any hope of cure for the drunkard. When this
doctrine was first announced, its advocates met with
opposition, ridicule and even insult. Now it
has almost universal acceptance. The effort to
hold an inebriate’s appetite in check by any
restriction that included license, has, in all cases,
proved so signal a failure, that the “letting
down,” or “tapering off” process
has been wholly abandoned in inebriate asylums.
There is no hope, as we have said, but in complete
abstinence.
NO REMEDY BUT PROHIBITION.
Is there any other means of cure for
national drunkenness? The remedy of license has
been found as valueless for the whole people as restriction
for the individual. Appetite, when once depraved,
becomes, in the individual, lawless, exacting and
unscrupulous; not hesitating to trample on duty, justice,
humanity and every public and private virtue.
It will keep no faith; it will hold to no pledge, however
solemnly taken. It must be wholly denied or it
will be wholly master.
As in the individual, so in the nation,
State or community. Appetite loses nothing by
aggregation; nor are the laws of its action changed.
If not denied by prohibition in the State, as by total
abstinence in the individual, it will continue to
entail upon the people loss and ruin and unutterable
woes. License, restrictive permission, tax, all
will be vain in the future as they have been in the
past. There is no hope, no help, no refuge in
anything but Prohibition!
And here we art met by two questions,
fairly and honestly asked. First. Is prohibition
right in the abstract as a legislative measure?
Second. Can prohibitory laws be enforced, and
will they cure the evil of drunkenness?
First, as to the question of legislative
action. Can the State forbid the sale of intoxicating
drinks as a beverage without violating the natural
right of certain citizens, engaged in the manufacture
and sale of these articles, to supply them to customers
who wish to purchase?
We answer, that no man has a natural
right to do wrong; that is, to engage in any pursuit
by which he makes gain out of loss and injury to his
neighbor. The essential principle of government
is the well-being of the people. It guarantees
to the weak, security against the strong; it punishes
evil doers, and seeks to protect its citizens from
the evil effects of that unscrupulous selfishness
in the individual which would trample on the rights
of all the rest in its pursuit of money or power.
Now, if it can be shown that the liquor
traffic is a good thing; that it benefits the people;
makes them more prosperous and happy; improves their
health; promotes education and encourages virtue, then
its right to exist in the community has been established.
Or, even if the good claimed for it be only negative
instead, of positive, its right must still be unquestioned.
But what if it works evil and only evil in the State?
What if it blights and curses every neighborhood, and
town, and city, and nation in which it exists; laying
heavy taxes upon the people that it may live and flourish,
crippling all industries; corrupting the morals of
the people; enticing the young from virtue; filling
jails, and poor-houses, and asylums with a great army
of criminals, paupers and insane men and women, yearly
extinguishing the light in thousands of happy homes?
What then?
Does this fruit of the liquor traffic
establish its right to existence and to the protection
of law? Let the reader answer the question for
himself. That it entails all of these evils, and
many more, upon the community, cannot and will not
be denied. That it does any good, cannot be shown.
Fairly, then, it has no right to existence in any government
established for the good of the people; and in suppressing
it, no wrong can be done.
PROHIBITION NOT UNCONSTITUTIONAL.
How the question of prohibition is
regarded by the highest legal authority in the United
States will appear from the following opinions officially
given by four of the Justices of our Supreme Court.
They are expressed in no doubtful or hesitating form
of speech:
Chief Justice Taney said: “If
any State deems the retail and internal traffic in
ardent spirits injurious to its citizens, and calculated
to produce idleness, vice or debauchery, I see nothing
in the Constitution of the United States to prevent
it from regulating or restraining the traffic, or
from prohibiting it altogether, if it thinks proper.”—[5
Howard, 577.]
Hon. Justice McLean said: “A
license to sell is a matter of police and revenue
within the power of the State.”—[5
Ibid., 589.] “If the foreign article be injurious
to the health and morals of the community, a State
may prohibit the sale of it.”
Hon. Justice Catron said: “If
the State has the power of restraint by license to
any extent, she may go to the length of prohibiting
sales altogether.”—[5 Ibid., 611.]
Hon. Justice Grier said: “It
is not necessary to array the appalling statistics
of misery, pauperism and crime which have their origin
in the use and abuse of ardent spirits. The police
power, which is exclusively in the State, is competent
to the correction of these great evils, and all measures
of restraint or prohibition necessary to effect that
purpose are within the scope of that authority.”—[Ibid.,
532.]
That the State has a clear right to
prohibit the sale of intoxicating drinks, because
this sale not only hurts all other interests, but
destroys the health and degrades the morals of the
people, has been fully shown.
The question next to be considered
is, Can prohibitory laws be enforced? and if so, will
they remove from the people the curse of drunkenness?
CAN PROHIBITORY LAWS BE ENFORCED?
As to the complete enforcement of
any salutory law, that depends mainly on the public
sentiment regarding it, and on the organized strength
of its opposers. If the common sentiment of the
people were in favor of every man’s liberty
to steal whatever he could lay his hands on, it would
be found very difficult to convict a rogue, no matter
how clearly expressed the law against stealing.
A single thief in the jury-box could defeat the ends
of justice. A hundred loop-holes for escape can
always be found in the provisions of a law with which
the majority of the people are not in sympathy.
Indeed, it often happens that such loop-holes are
provided by the law-makers themselves; and this is
especially true in too many of the laws made for the
suppression of the liquor trade.
Is this an argument against the enactment
of laws to protect the people from great wrongs—especially
the weaker and more helpless ones? To the half-hearted,
the indifferent and the pusillanimous—yes!
But with brave, true men, who have at heart the best
interests of humanity, this can only intensify opposition
to wrong, and give strength for new efforts to destroy
its power. These have an undying faith in the
ultimate victory of good over evil, and mean, so far
as they are concerned, that the battle shall continue
until that victory is won.
Judge Pitman has eloquently expressed
this sentiment in the closing pages of his recent
work, to which we have more than once referred.
Speaking of those who distrust the practicability of
securing such legislation as will effectually destroy
the liquor trade, he says: “They are appalled
at the power of the traffic. They see that it
has uncounted wealth at its command; that it is organized
and unscrupulous; that it has the support of fierce
appetite behind it and the alliance of every evil
lust; that it is able to bribe or intimidate the great
political parties. All this is true; but still
it is not to be the final victor. It has all
the elemental moral forces of the human race against
it, and though their working be slow, and their rate
of progress dependent on human energy and fidelity,
the ultimate result is as certain as the action of
the law of gravity in the material universe. Wealth
may be against us; rank may affect to despise us;
but the light whose dawn makes a new morning in the
world, rarely shines from palace or crown, but from
the manger and the cross. Before the aroused consciences
of the people, wielding the indomitable will of a
State, the destroyers of soul and body shall go down
forever.”
THE VALUE OF PROHIBITORY LAWS WHEN ENFORCED.
It remains now to show how far prohibitory
laws, when enforced, have secured the end for which
they were created. On this point, the evidence
is clear and satisfactory. In Vermont, a prohibitory
law has existed for over twenty-three years.
In some parts of the State it is rigidly enforced;
in others with less severity. Judge Peck, of the
Supreme Court says: “The law has had an
effect upon our customs, and has done away with that
of treating and promiscuous drinking. * * * In attending
court for ten years, I do not remember to have seen
a drunken man.” In St. Johnsbury, where there
is a population of five thousand, the law has been
strictly enforced; and the testimony in regard to the
town is this: “There is no bar, no dram-shop,
no poor, and no policeman walks the streets.
It is the workingman’s paradise.”
Connecticut enacted a prohibitory
law in 1854. In 1855, Governor Dutton said, in
his annual message to the General Assembly: “There
is scarcely an open grog-shop in the State, the jails
are fast becoming tenantless, and a delightful air
of security is everywhere enjoyed.”
In Meriden, the chaplain of the reform
school testified that “crime had diminished
seventy-five per cent.” In New London, the
jail was tenantless. In Norwich, the jails and
almshouses were reported “as almost empty.”
But in 1873, the liquor influence was strong enough
in the legislature to substitute license for prohibition.
The consequence was an immediate increase of drunkenness
and crime. Two years afterwards, the Secretary
of State declared that “there was a greater
increase of crime in one year under license than in
seven years under prohibition.”
Vineland, New Jersey, has a population
of ten thousand. Absolute prohibition is the
law of that community. One constable, who is also
overseer of the poor, is sufficient to maintain public
order. In 1875, his annual report says:
“We have practically no debt. * * * The police
expenses of Vineland amount to seventy-five dollars
a year, the sum paid to me, and our poor expenses
are a mere trifle.”
In Potter County, Pennsylvania, there
has been a prohibitory law for many years. Hon.
John S. Mann says: “Its effect, as regards
crime, is marked and conspicuous. Our jail is without
inmates, except the sheriff, for more than half
the time.”
Other instances of local prohibition
in this country could be given, but these are sufficient.
Bessbrook, a town in Ireland of four
thousand inhabitants, has no liquor-shop, and whisky
and strong drink are strictly prohibited. There
is no poor-house, pawn-shop or police-station.
The town is entirely free from strife, discord or
disturbance.
In the county of Tyrone, Ireland,
no drinking house is allowed. In 1870, Right
Hon. Claude Hamilton said: “At present there
is not a single policeman in that district. The
poor-rates are half what they were before, and the
magistrates testify to the great absence of crime.”
In many parts of England and Scotland
there is local prohibition, and the uniform testimony
as to the absence of pauperism and crime is as unequivocal
as that given above.
THE MAINE LAW—ITS COMPLETE VINDICATION.
But it is to the State of Maine, where
a prohibitory law has existed for over a quarter of
a century, and where prohibition has been put to the
severest tests, that we must look for the more decisive
proofs of success or failure.
On the evidence which Maine furnishes,
the advocates of legal suppression are content to
rest their case. In order to get a brief, but
thoroughly accurate and reliable history of the Maine
law, we addressed a letter to Hon. Neal Dow, of Portland,
Maine, asking him to furnish us, for this volume,
with the facts and evidence by which our readers could
for themselves judge whether the law were a dead letter,
as some asserted, or effective and salutory.
In reply, Mr. Dow has kindly furnished us with the
following deeply interesting and important communication:
TESTIMONY OF HON. NEAL DOW.
PORTLAND, October 12th, 1877.
T.S. ARTHUR, ESQ.:
Dear Sir—I will gladly
furnish you with a brief history of the Maine
Law, and a statement of its operation and effects in
Maine, in the hope that the wide circulation
of the work you have in preparation may serve
to correct the mistaken notion that prevails, to
the effect that the law has failed of any useful result,
and that the liquor traffic is carried on as
extensively in Maine as ever it had been, with
all its baleful effects upon the moral and material
interests of the State.
In the old time the people of Maine
were as much addicted to the use of strong drinks
as those of any other part of the country; and the
effects of this shocking habit were seen everywhere
in shabby buildings, neglected farms and in wide-spread
poverty. There were, in this State, magnificent
forests of the best pine timber in the world.
The manufacture of this timber into “lumber”
of various descriptions, and the sale of it,
were the leading industries of Maine. The
products of our vast forests were sent chiefly to the
West India Islands, and the returns were mostly
in rum and in molasses, to be converted into
rum by our own distilleries, of which there were
many among us, in various parts of the State—seven
of them in this city, running night and day. This
rum, almost the whole of it, whether imported
or home-made, was consumed among our own people.
It was sent in the way of trade and in exchange
for “lumber” into every part of our territory;
not a town or village, or rural district escaped,
however remote or thinly populated it might be.
The result of this was, that almost
the entire value of all this vast industry went
down the throats of our people in the shape of rum,
either imported or home-made. I have heard men
say who had been extensively engaged in this
lumber trade, that Maine is not a dollar the
richer, and never was, on account of this immense
business; but that the people were poorer in consequence
of it, and more miserable than they would have
been if the pine forests had been swept away
by a great conflagration.
The effects of this course of trade
were seen everywhere throughout the State.
In scarcely any part of it was there any evidence of
business prosperity or thrift, but, generally,
there was abundant evidence of poverty, untidiness
and decay. In the lumbering towns and villages,
where the innumerable saw-mills were, the greatest
bustle and activity prevailed. The air resounded
with the loud noises coming from these mills.
Night and day they were “run,” never
ceasing until the “logs” were “worked
up.” Relays of hands were employed
at all these lumbering centres, so that the saw-mills
never stopped even for an hour during “the
season,” except for some occasional repairs.
All these men drank rum; a quart a day per man was
a moderate quantity; but a great many of them required
two quarts a day. The result of this was,
that the entire wages of the men were consumed
in drink, except a meagre share that went to the miserable
wives and children at home.
Everywhere throughout the State the
results of this way of life was to be seen—in
the general poverty of the people, and in the shabbiness
of all their surroundings. But some persons conceived
the idea that all this evil was not necessary
and inevitable; that it came from the liquor
traffic, which might be prohibited and suppressed,
as lottery-tickets, gambling-houses and impure books
and pictures had already been. And they devoted
themselves constantly and industriously to the
work of correcting the public opinion of the
people as to the liquor traffic by demonstrating to
them that this trade was in deadly hostility to
every interest of the State, while no good came
from it, nor could come from it, to State or
people.
This educational work was carried on
persistently for years; meetings were held by
these persons in every little country-church and
town-house, and in every little wayside school-house,
where the farmers and their wives and children
assembled at the call of these missionaries,
to listen to their burning denunciation of the liquor
traffic, which lived only by spreading poverty,
pauperism, suffering, insanity, crime and premature
death broadcast over the State. The result
of this teaching was, that the public opinion of the
State became thoroughly changed as to the character
of the liquor traffic and its relation to the
public prosperity and welfare.
When we thought the time had come for
it, we demanded of the Legislature that the law
of “license,” then upon the statute books,
which represented the public opinion of the old
time, should be changed for a law of prohibition,
representing the improved public opinion of the
present time; and, after two unsuccessful attempts
to procure such a law, we obtained what we desired,
an act of absolute prohibition to the manufacture
and sale of strong drink—a measure
for which we had labored long and industriously for
many years.
At the time of the enactment of this
statute, now known as the MAINE LAW the world
over, the liquor traffic was carried on extensively
in the State, wholesale and retail, precisely as it
is now in New York, New Jersey, Pennsylvania
and in every other State where that trade is
licensed and protected by the law. The Maine
Law went into operation immediately upon its approval
by the Governor, and by its provisions, liquors
kept for sale everywhere, all over the State,
were liable to be seized, forfeited and destroyed,
and the owners to be punished by fine and imprisonment.
The municipal authorities of the cities and towns
allowed the dealers a reasonable time to send
away their stocks of liquors to other States
and countries, where their sale was permitted by the
law.
The liquor-traders availed themselves
of this forbearance of the authorities, and did
generally send their stock of liquors out of the
State. The open sale of liquors came instantly
to an end throughout all our territory, and where
it continued, it was done secretly, as other
things are done in violation of law. The manufacture
of intoxicating liquors was entirely stopped, so that
in all the State there was absolutely none produced,
except cider, which might be made and used for
vinegar.
The effect of this policy of prohibition
to the liquor traffic was speedily visible in
our work-houses, jails and houses of corrections.
The jail of Cumberland County, the most populous of
the State, had been badly over-crowded, but within
four months of the enactment of the law there
were but five prisoners in it, three of whom
were liquor-sellers, put in for violation of the law.
The jails of Penobscot; Kennebec, Franklin, Oxford
and York were absolutely empty. The inmates
of the work-houses were greatly reduced in number,
and in some of the smaller towns pauperism ceased
entirely.
But, during all this time, in every
part of the country, reports were industriously
circulated that the law was inoperative for good,
and that liquors were sold in Maine as freely and in
as large quantities as before the law. These
false statements were industriously and persistently
made everywhere by those interested in the liquor
trade, and by those impelled by appetite or passion.
It is sufficient for me to say here that the Maine
Law, from the first, has been as faithfully executed
as our other criminal laws have been, though
there has been, at certain times, and in certain localities,
considerable complicity with the violators of it, on
the part of many officers of the law, so that
the Legislature has at last provided heavy penalties
for the punishment of prosecuting officers, justices
of the peace and judges of municipal and police courts,
in case of failure in their duty. I am glad to
be able to say that the judges of our higher
courts have, from the first, been true to their
duty in the administration of this law, as of all
others.
In much the larger part of Maine, in
all the rural districts, in the villages and
smaller towns, the liquor traffic is absolutely unknown;
no such thing as a liquor-shop exists there, either
open or secret. The traffic lingers secretly
only in the larger towns and cities, where it
leads a precarious and troubled life—only
among the lowest and vilest part of our foreign
population. Nowhere in the State is there
any visible sign of this horrible trade. The
penalties of the law, as they now stand, are sufficient
to extinguish the traffic in all the small towns,
and to drive it into dens and dark corners in
the larger towns. The people of Maine now regard
this trade as living, where it exists at all, only
on the misery and wretchedness of the community.
They speak of it everywhere, in the press, on
the platform, and in legislative halls, as the
gigantic crime of crimes, and we mean to treat it as
such by the law.
For some years after the enactment
of the law, it entered largely into the politics
of the State. Candidates were nominated by one
party or the other with reference to their proclivities
for rum or their hostility to it, and the people
were determined in their votes, one way or the
other, by this consideration.
Now, the policy of prohibition, with
penalties stringent enough to be effective, has
become as firmly settled in this State as that of
universal education or the vote by ballot.
The Republican party, in its annual conventions,
during all these years, has affirmed, unanimously,
its “adhesion to prohibition and the vigorous
enforcement of laws to that end;” and the
Democratic party, in its annual convention of
this year, rejected, by an immense majority, and
with enthusiastic cheers, a resolution, proposed from
the floor, in favor of “license.”
The original Maine Law was enacted
by a vote in the House of eighty-six to forty,
and in the Senate by eighteen to ten. There have
been several subsequent liquor laws, all in the direction
of greater stringency; and the Legislature of
this year enacted an additional law, with penalties
much more stringent than any which had preceded
it, without a dissenting vote. No one can mistake
the significance of this fact; it was an unanimous
affirmation of adhesion to the policy of prohibition,
after a steady trial of it and experience of
its results for more than a quarter of a century.
And, since that time, the people have passed upon
it at the late annual election by an approval
of the policy and of the men who favor it—by
an immense majority. If it be conceded that the
people of Maine possess an ordinary share of
intelligence and common sense, this result would
be impossible, unless the effect of prohibition
had been beneficial to the State and to them.
While we were earnestly at work in
bringing up the public opinion of the State to
the point of demanding the prohibition of the liquor
traffic, as a more important political and social question
than any other or all others, I was startled at
hearing a gentleman of the town of Raymond declare
that in his town the people consumed in strong
drink its entire valuation in every period of eighteen
years eight months and twenty-five days! “Here
are the figures,” he said; “I know
the quantity of liquor brought into the town
annually. I am so situated that I am able to state
this accurately, beyond all possibility of doubt,
except that liquors may be brought here by other
than the ordinary mode of transportation without
my knowledge; but the quantities stated in this
paper (which he held in his hand), and their cost are
within my knowledge.” This was part
of a speech to his fellow-townsmen, and his statement
was admitted to be true. Now there is not a drop
of liquor sold in that town, and there has not
been any sold there for many years. This
statement may strike us at first blush to be tremendously
exaggerated, that the people of any locality should
consume in strong drink the entire value of its
real estate and personal property in every period
of less than twenty years. But let us examine
it.
We learn from the Bureau of Statistics
that the annual liquor bill of the United States
is seven hundred millions of dollars. This does
not include the enormous quantity of “crooked
whisky” which has been put upon the market
with or without the knowledge, consent, assent
or complicity of our public officers, from the highest
to the lowest. The drink bill of the United Kingdom,
with a population smaller than ours, is more
than this by many millions. This valuation—seven
hundred millions of dollars—is the price,
by the quantity, taken from the figures as they
come into the public office, while the cost to
the consumers is vastly greater. Now, this
sum with annual compound interest for ten years, amounts
to the enormous figure of eight billions nine
hundred and forty-four millions one hundred and
forty-one thousands of dollars—almost nine
thousand millions of dollars! For twenty years
the amount is twenty-five billions two hundred
and forty-five millions six hundred and eighty-one
thousands of dollars. Twenty-five thousand two
hundred and forty-five millions of dollars and more;
actually as much, within a fraction, as the entire
value of the personal and landed property of
the United States! My friend of Raymond may well
be credited in the statement made to his fellow-townsmen.
Now, as the result of the Maine Law,
in Maine, the wealth and prosperity of the people
have greatly increased. This can be seen in
every part of the State, and is obvious to the most
casual observer who knew what Maine was before
the law of prohibition and knows what it has
been since and down to the present time. Evidences
of industry, enterprise and thrift everywhere, instead
of the general poverty, unthrift and shabbiness
of the old rum-time.
The share of Maine of the National
drink-bill would be about thirteen millions of
dollars, and but for the Maine Law, we should be
consuming our full proportion; but now I feel myself
fully warranted in saying that we do not expend
in that way one-tenth of that sum. A mayor
of the city of Portland, in a message to the City
Council, said: “The quantity of liquor
now sold is not one-fiftieth part as much as
it was before the enactment of the law.”
The difference, whatever it may be, between the
sum we should waste in strong drink, but for
the law, and that which we actually squander in
that way, we have in our pockets, in our savings banks
and in our business, so that Maine has suffered
far less, financially, during this crisis than
any other part of the country.
I have said the drink-bill of Maine,
but for prohibition, would be about thirteen
millions of dollars annually, in proportion to that
of the whole country. Now, this sum, with
annual compound interest at six per cent., in
ten years will amount to one hundred and seventy
millions three hundred and nineteen thousand five hundred
and twenty-eight dollars, and in twenty years
to four hundred and sixty-three millions eight
hundred and fifty-four thousand four hundred
and twenty dollars—more than twice the entire
valuation of the State by the estimate made in
1870, which was two hundred and twenty-four millions
eight hundred and twenty-two thousand nine hundred
and thirteen dollars. There was a reason then
for the fact, that in the old rum-time the people
of Maine were poor and unthrifty in every way—and
for that other fact, that now they are prosperous
and flourishing, with a better business than that of
any other State, proportionately.
Notwithstanding the fact that in Portland
a great conflagration destroyed ten millions
of dollars in 1866, burned down half the town,
and turned ten thousand people out of doors, the prosperity
of the city has been steadily on the increase.
Its valuation, in 1860, was twenty-one millions
eight hundred and sixty-six thousand dollars,
and in 1870, twenty-nine millions four hundred and
thirty-nine thousand two hundred and fifty-seven
dollars. In the last year the increase in
valuation, in spite of the hard times, was four
hundred and eighty thousand dollars, while Boston,
with free rum, has lost more than eight millions,
and New York and Brooklyn has experienced an
immense depreciation.
I think I have said enough to satisfy
every intelligent, unprejudiced man that the
absolute prohibition and suppression of the liquor
traffic has been in the highest interest of our State
and people.
I am very truly, yours,
NEAL DOW.
And here we close our discussion of
the most important of all the social questions that
are to-day before the people; and, in doing so, declare
it as our solemn conviction, that until the liquor
traffic is abolished, and the evils with which it
curses the people removed, all efforts at moral reforms
must languish, and the Church find impediments in her
way which cannot be removed. The CURSE is upon
us, and there is but one CURE: Total Abstinence,
by the help of God, for the individual, and Prohibition
for the State.
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