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I 
 

 THE 
 
 ^ 
 
 77^ 
 
 ^iiM 
 
 • >. 
 
 u 
 
 MAINE LiaUOR LAW, 
 
 WITH 
 
 AN INTRODUCTION, 
 
 AND 
 
 AN APPENDIX ON ITS PRACTICAL WORKING. 
 
 .'vyw^.rv-'*A».'v.'VAfc/\. i.'^.^ 
 
 BY A CITIZEN OF MAINE. 
 
 ^ ^^'^v ^.^ \ vNi^ »-^^ V*V» rf '-^ 
 
 MONTREAL : 
 
 miNTRP lY ;, C, BECKKT. S2 GREAT BT, MM|i8 iTREETi 
 
 im, 
 
 I :( 
 
 ■ ti-^ 
 

 ' * \ A \t 
 
 M 
 
 ■1^ 
 
 
THB 
 
 MAINE LIQUOR LAW, 
 
 WITH 
 
 AN INTRODUCTION, 
 And an Appendix on its Practical Working. 
 
 TIT 
 
 INTRODUCTION* 
 
 The Maine Liquor Law has now been in operation 
 about seven months, and in ihat short period hus effected 
 rcpulis which its moai ardent friends criuld never have 
 aniif^ipated. On its firsl publication, it was looked upon 
 with distrust, even by mauy of the friends of lempcrHnce, 
 and denounced as *• barbarous," •* unconstitutional,'* etc., 
 by lliose jrreat expounders of humiino and constitutional 
 law, the knights of the grojrshop and their retinue. But 
 time moved on, and but a few weeks had transpired be- 
 fore the law had already yielded fruits which confirmed 
 all the true Mends of temperance in its support, and more 
 than oonruteti, if thoy did not silence, the vociferous elo- 
 quence of those whose craft was in danger. It was h)r- 
 tunalc^for the law, that its execution in the city of Port* 
 iHiid, the chief city in the State, icil into the hands of a 
 Mayor of irreat energy and tried temperance principles, 
 (who is undei stood, indeed, to bo the real father of the 
 titw,) Neal Diw, F]-q , who immediately took measurci 
 to cany ii inio cffeci, and ever since has administered it 
 willi a firm hind, and ihe most triumphant success. En- 
 cnuraircd and strengthened hy ti»c example of this impor- 
 tant city, the friends of the law havn everywhere rallit»<l 
 around il, til! ih*^ trade in intoxicating drinks nmy now 
 he t*aid to be oither wholly ahandonod, or continued only 
 bv siitlerHnce, in all parts of ti>e l^talc. .imf/i 
 
 Under the operation »>f the law, tines have been impos- 
 ed, iniprisonnient adjudged, j'lops searched and liquor 
 de{«troy«d, almost without a single serious disturbance. 
 Time has proved the law to be a most efficient one, and 
 the mora! sentunrnt of the community has pronotjnced »o 
 ptrongly in fav<r of it, that no Ikw in the Stale i« moro 
 endily executed. 
 
 
 14 
 
 
 I I 
 
 11 
 
INTRODUCTION. 
 
 Nor is this all. The law constilutcs an era, and is fast 
 producing the most important revolution on the eubject 
 of temperance, not only in this State, hut throughout the 
 Union, and in all civilized countries. It is making con- 
 verts to the u»e of law in this matter. There has always 
 been too much hesitancy on this point arong temperance 
 men, — too manv bugbear abstractionp, about personal li- 
 berty, the right of property, etc. Those scrupUs, cun- 
 ningly managed by wily politicians and the enemies of 
 the cause, have hitherto defeated all efficient legal action 
 in the case, and ^iven rise to a succession of laws on the 
 subject, in the different States, which have been mero 
 shams. But as if by a special dispensation of a benefi- 
 cent Providence. Maine hr.s been allowed to enact a law 
 on this subject which is not only woikingr the greatest 
 transformation both in sentiment and practice within her 
 own borders, but serving as the instructress of the world. 
 Tried by every test upon which we are accnstomrd to 
 rely to prove the usefulness of a law, — be it the saving of 
 life and property, or the promotion of happiness, virtue, 
 and good neighborhood, — it must be pronounced the most 
 important law which has been Iramed for many centuries. 
 It may be modified and improved upon by other States, 
 but in all its essential features it is just what is wanted ; 
 it substantially compasfes the whole subject, and deserves 
 to be entitled The Model Temperance Law. 
 
 I will here merely subjoin further by way of preface, 
 the chief provisions of the law, that they may be seen at 
 a glance. 
 
 CHIEF PROVISIONS OF THE LAW. 
 
 A single agent may be appointed annually by the au- 
 thorities in each city or town, to sell for medical and me- 
 chanical purposes only. Ajjeiits to be under the direc- 
 tion of the town authorities and removable at their will, 
 and to give bonds in the sum of six hundred dollars for 
 obedience to the law and the regulations prescribed by 
 their appointers. Any person not so appointed (whether 
 principal or subordinate), to be liable to fines and costs 
 for selling any kind of intoxicating liquor, increasing with 
 each offence, (and being si ill greater for the regular sale 
 or manufacture of liquors,) and including imprigonment 
 ' after two offences. The offender in all cases to stand 
 • committed till the penalty is paid, and not even to be aU 
 lowed the benefit of the poor man's oath till after a cer* 
 
I^TRODUCTION. 
 
 lain period of confinement. Penalties ttnd forfeitures re. 
 coverable undejr the law, to be for the benefit of the poor 
 of the town or city, and to bo recovered at the expense of 
 the town. No appeals allowed, except upon heavy bonds 
 given to prosecute the apppHJ, pay all costs etc., and to 
 (ibservc the law duringr the pendency of tfio appeal ; »nd 
 the defendiint to be liable to increased fines, costs, etc., 
 in case of ultimate faihire. No person engaged in the 
 sale of liquor to be allowed on a jury in any action ansinsr 
 under the law. Liquor cases to take precedence of all 
 other eases in tlie courts, except those criminal cases 
 where the parties are actually under arrest and awaiting 
 trial : and no notle prosrqui^ or continuance to be enter- 
 ed in any case, except the purposes of justice shall require 
 it Liquor to lie Fcizod under a process from a justice or 
 judgo, which shall be issutd on complaint of any three 
 voterp, under oath that they have repson to believe and 
 i\o hcjinve that it is deposited and intended for sale in any 
 place, (except it be a dwelling-houfO, in which case there 
 must first be testimony to at least one act of sale,) and to 
 be destroyed, unless iiie owner can show that it has been 
 imported direct from some foreign country under the laws 
 of the United States, ar)d is c^mtained in its original 
 piickages; the owner or keeper being fined, alsii, twenty 
 dollars and costs. L^ut if the owner of liquor thus seized 
 IS not known, it shall be advertised two weeks, and in 
 case it be shown during that time, that it belongs to the 
 agent of any city or town in the IState, and was purchas- 
 ed to be sold by him for medicinal and mechanical purpo- 
 ses only, it fchall be surrendered to him. The town au- 
 thorities are required, on information that liquors are sold 
 at any public gathering, to searuh the suspected places, 
 and in case they find any, to seize them and their keepers, 
 and bring them bi'fore a judge or justice, who, on proof 
 that the liquors are intoxicating and were found in the 
 possession of the accused, shall destroy the liquors, and 
 sentence the keeper to thirty days' imprisonment. All 
 payments, labor, obligations, mortgages, attachments, 
 liens, conveyances, etc., given or made, either in whole 
 or m part for liquors purchased, to be void, and not re- 
 coverable before the courts, the purchaser being ad.nitted 
 as a witness in the case. 4^nd no action to be maintained 
 in any court in the State for the recovery of liquor, or 
 the value of liquor purchased out of the State. 
 
 i 
 
 
-' THE MAINE LAW. 
 
 AN ACT 
 
 FOR THB eUPPRBSSlON OF HRINKING-HOUSES AND TIPfMNO- 
 
 SlinPS. 
 
 y 
 
 * Be it pnacted hy fJie Senate and House of Representa- 
 iivt in Legisltitui'cs assemhled, us ImHows : 
 
 * Not to he made, or sold an a beverase* 
 
 Section 1. No person phal! be Hllowrd at any lime to 
 mannfbclure or sell, hy liirnsclf, liiscleik, strvani or ot/ent, 
 directly or indircclly, wny ppiritiiojs or intoxicritinj^ 
 liquor:^, or mixed iiquors, a pnrl of wliicii arc bpirituouit ur 
 inluxicdling, except as her ^afier provided. 
 
 'i Agents to sell for certain, purposes. 
 
 Sect. 2. 'I'ho sclectnien of any town, and mayor and 
 aldermen of any ciiy, on the first Monday of May annu- 
 ally, or as foon after as may he convenient, may appoint 
 pome Fuilahh person, as the agrcril of paid town or city, 
 tn 8cll at fion)e central and convenient place uMthin raid 
 town or City, spirits, wines or other inioxicating liqnors, 
 to be used for medicinal and mechanical pur()oses and no 
 other; and said agrent shall reeeive such coinpcnshtion for 
 Iiis services as the Board appuintingf him shall prescribe; 
 and sIihII in the sale of such liquors, conf'irm to such rules 
 and regulations, as the selectmen or rnayi»r and alder, 
 men as afuresnid, shall prescribe for that purpose. And 
 such agent, appointed us aforesaid, sh^ll hold his situation 
 for one year, unless sooner rermived by the bo^rd from 
 which ho received his appoiutment, as he may bo at any 
 tunc, at ihe pleasure i>f said board. 
 T^ w ^^y^ agents to give honds^ ^c. 
 
 ; Sect. 3. Such agent shall receive a certificate from 
 the mayor and aldermen or selectmen by whom he lias 
 been appointed, authorizing him as the agent of such town 
 ur city to sell intoxicating liquors for mediciuHl or me- 
 chanical purposes (Mily ; but such certificate shall not be 
 delivered to the person so apoointed, until he shall have 
 executed and deliveicd to said board a bond with two 
 good and sufliicieut sureties, in the sum of six hundred 
 dullai6| in substance as follows : — 
 
 CJ 
 
TBfi MA INI LAW. 
 
 [Know all men that wo,— as principal, and— and 
 
 . iiB Buietioi, are holdcn and ^tand firnnly bound to the 
 
 jnlmbilanis of the town of (or city aa the case may 
 
 be), in ihc sum ofeix imndrcd doHaro, to be paid them, 
 to which payment we bind onrBclvcs, our heirs, execu- 
 tors and adiniriislralors, firmly by these presents, — Scaled 
 with our peals, «nd dated thi> day of , A. 0. . 
 
 The cond tion of llu!* obli(ratioii ia such, that whtruas 
 
 the above bounden 'las been duly appointed an afrcui 
 
 for ll»e town (or city) of , lo seil within, and for, 
 
 and on accoiml of said town (or city), intoxicating liquors 
 for medicinal and mechanical plirp()^es and no ether, un- 
 til the of ,A. t)«-7- — , unites sooner removed from 
 
 Buch agrcincy. 
 
 Now if the said shall in all rcppccts conform to the 
 provisions of the law relating to the ^businesH for which 
 he is H|)|)<)iiited, and to such rules and reguIationH as now 
 are, or f>liall he from time to time establiHlieo by the board 
 makinv the appointment, then this obligation to be void, 
 otherwise to remain in full force.] «,; i.^„ 
 
 h \o Penalties for violationSi ijc. 
 
 Sect. 4. If any person, bv himself, clerk, servant or 
 agent, shall at any time sell any spirituous or inloxicat- 
 irifr liquors, or any mixed liquors, part of which is iritox- 
 icHtiujir, in violation of the provisions of this act, he shall 
 forfeit and pay on t'lc first convictinn, ten dollars and the 
 costs of prottecution, and shall stand committed until tlie 
 same be paid; on the second convictio^i he siiall pav 
 twenty dollars and the costs of proseculinn, and shall stand 
 Committed until the same is paid.; on tht third and every 
 subsequent conviction, he sh;»ll pay twinty dollars and 
 the costs of prosecntion, and shall be imprisoned in the 
 common jail, not les» than three months, nor nv>re than 
 SIX months, and in default of payment ol the fines and 
 costs prescribed by this section, for the first and second 
 cnnviclioiis, the convict shall not be entitled to the benefit 
 of chapter 175 of the revised statutes, until he shall have 
 been imprisoned two nxmths ; and in default of payment 
 of fines and costs provided for the third and every subsc. 
 quent conviction, he shall not be entitled lu the benefit 
 of said chapter 17S of the refised statutes, until he shull 
 have been imprisoned four months. And if any clerk, 
 lervant, agent or other persons in the employment or on 
 the premises of another, shall violate tiitt provisions u£ 
 
^ 
 
 8 THE MAINE LAW. 
 
 this section, he shall be held equally f^mMy with the prin. 
 cipal/and on conriction shall suffer the same penalty, 
 •( . Si! Ui Penalties, how recoveredt ^c* •» -• " •» 
 
 SfcCT. 5. Any forfeiture or penalty arising under the 
 above section, may be recovered by an action of debt, or 
 by complaint before anyjusticoof the peace, orjudj^eofany 
 municipal or police court, in tlio county where the offence 
 was committed. And the forfeiture so recovered shall go 
 to the town where the convicted party resides, for the use 
 of the poor ; and the prosecutor or complainant may be 
 admitted as a witness in the trial. Ana if any one of the 
 selectmen or board of mayor and aldermen shall approve 
 of the commeno ment of any such suit, by endorsmg his 
 
 • name upon the writ, the dclendant shall in no event re. 
 cover any costs ; and'in all actions of debt arising under 
 this section, the fines and forfeitures suffered by the de- 
 
 ,' fendant, shall be the same as if the actions had been by 
 
 '^ complaint. And it shall be the duty of the mayor and 
 aldermen of any city, and the selectmen of any town, to 
 commence an action in behalf of said town or city, 
 against any person guilty of a violation of any of the pro- 
 
 ^ visions of this act, on being informed of the same, and 
 
 ^^ being furnished with proof of the fact. 
 
 Conditions and consequences of appeal, 
 
 i. Sect. 6. If any person shall claim an appeal from a 
 - judgment rendered against him by any judgu or justice, 
 » on the trial of such action or complaint, he shall, before 
 
 V the appeal shall be allowed, recognize in the sum^f one 
 b hundred dollars, with two good and sufficient sureties, in 
 
 V every case so appealed, to prosecute his appeal, and to 
 i pay all costs, fines and penalties that may be awarded 
 4 against him, upon a final disposition of such suit or com- 
 i plaint. And before his appeal shall be allowed, he shall 
 t also, in every case, give a bond, with two good and suf- 
 ^ ficient sureties, running to the town or city where the of- 
 fence was committed, in the sum of two hundred dollars, 
 
 ' that he will not during the pendency of such appeal, vio. 
 ^ late any of the provisions of this act. — And no recogni. 
 zance or hi^nd shall be taken in cases arising under this 
 act, except by the justice or judge before whom the trial 
 n ivas had ; and the defendant shall be held to adTance the 
 ^i jury fees in every case of appeal in an action of debt ; 
 itjand in the event of a final conviction before a jury, ihe 
 ^defendant shall suffer and pay double the amount of fines, 
 
 ,fi»'#i5« 
 
THE MAINE LAW. 
 
 t)enBiliei and imprisonment awarded again<)t him by tho 
 justice or jnflii« f'f>»»i whoso judgment the appeal was 
 made. Tho forfeiture for all bonds and recognizanceii 
 given in purBuancc of this act, shall go to the town or city 
 where the offence was committed, for the use of the poor ; 
 and if the recoirnizanccs and bonds mentioned in this sec 
 tion shall not hc3 given within twenty-four hours after tho 
 judgment, the appeal shall not he allowed; the defendant 
 in the meantime to Hland committed, • 
 
 When agents forfeit their bonds. 
 
 Sect. 7. The mayor and aluermen of any city, and the 
 selectmen of nny town, whenever complaint shall be made 
 to them that a breach of the conditions of the bond given 
 by any person appointed under this act has been committed, 
 shall notify the person complaini^d of, and if upon hearing 
 of the parties it shall appear that any breach has been com* 
 mitlecl, they shall revoke and make void his appointment. 
 And whenever abreach of any bond gi>en t.i the inhabi- 
 tants of any city or town in^^ursuancc of any of the pro- 
 visions of tills act shall be made k own to th'; mayor and 
 alucuien, or selectmen, or shall in any manner come to 
 their knowleilgje, they or some of then shall, at the expense, 
 and for the use of said cily or town, cause the bond to be 
 put in suit in any court proper to try the same. 
 
 ; Makers and comihon sellers* 
 
 Skct. 8. No person shall be allowed to be a manufac- 
 turer of any spirituous or intoxicating liquor, or common 
 seller thereof, without being duly appointed as aforesaid, 
 on pahi of furfeiting, on the first conviction, the sum ofone 
 hundred dollars ond the cost of prcsecution, and in default 
 of the payment thereof, the person so convicted shall be im- 
 prisoned sixty days in the common jail ; and on the second 
 conviction, the person so convicted shall pay the sum of 
 two hundred dollars and costs of prosecution, and in de- 
 fault of payment shall be imprisoned four months in the 
 common jail ; and on the third and every subsequent con- 
 viction, shall pay the sum of two hundred dollars and shal! 
 be imprisoned four months in the common jail of the county 
 where the offence was committed ; said penalties to be re- 
 covered before an^' court of competent jurisdiction, by in- 
 dictment, or by a jtion or debt, in the name of the cily or 
 town where the o'^snce shall be committed. And wheneycr 
 a default shall be had of any recognizance arising under 
 this act, scire /an a<«f shall be issued, returnable at the next 
 
10 
 
 THE MAINE LAW. 
 
 term, and the same shall not be continued, unless (br good 
 
 cause satisfuclory to the court. 
 
 r JVb lawless rumsellers to he jurors* 
 
 t Sect. 9. No person en^nged in the unlawful traffic in 
 intoxicutin<; liquors shnll be competent to sit upon any jury 
 in any case arii^ing under this act ; and when informalion 
 shall be communicated to the court, that any member of 
 any panne! is en;j;ap;ed in such traffic, or that he is believed 
 to be 80 enn:a2;e(l, the court sliall inqui;e of the juryman of 
 ivhom such belief is entertained ; and no answer wliich he 
 shall makr shall be used agiinst him in any case arising 
 under this act; but if he shall answer falsely, he shall be 
 incapable of servina; on any jury in this State ; but he may 
 decline to answer, in which case he shall be disch.irged by 
 the court from all further attendance as a juryman. 
 
 Thfse cases to stand first for trials etc. 
 
 Sect. 10. All cases arising under this net, whether 
 by action, indictment or complaint, which shall come be- 
 fore a superior court, e ther by appeal or ori^^inal entry, shall 
 take precedence in said court of all oiher business, except 
 those cr minal cases in which the parties are actually under 
 arrest, awaiting a trial ; and the court and prosecuijnc^ of- 
 ficer >hall not have auihority to enter a nolle prosequi^ or 
 to grant a continuance in any case arising under this act, 
 either before or after the verdict, except where the pur- 
 poses Of justice shall require it. 
 
 ' • Liquors may be searched for and seized, , 
 
 Sect. 11. If any three persons, voters in the town, or 
 city where the complaint shall be made, sh.ill before any 
 justice of the peace or judge of any municipal or police 
 court make complaint under oath or affirmation, that they 
 have reason to believe, and do believe that spirituous or 
 intoxicating liquors are kept or deposited, and intended for 
 sale, by any person not authorized to sell t'te same in said 
 city or town under the provisions of this act, in any store, 
 shop, warehouse or other building or place in said city or 
 town, said justice or judge shall issue his warrant of search 
 to any sheriflfj city marshal or deputy, or to any constable, 
 who shall proceed to search the premises described in said 
 warrant, a.nd if any spirituous or intoxicating liquors are 
 found therein, he shall seize the same, and convey them to 
 some proper place of security, where he shall keep them 
 until final aetion is had thereon. But no dwelling-house 
 
n 
 
 y 
 
 THE IfAINK LAW 
 
 If 
 
 In nhich) or In partofivhich a shop is not kept, shall be 
 scorched, unless at least one of suid coniplainanis shull 
 testify to some act ofsale ofintoxicalino- liquors therein, 
 by the occupant thereof, or hy his conseni or pcrruissioii, 
 ivilhiu at least one month of the tinie uf making; said coni' 
 plaint;. And tiie owner or teeper of said hquors, seizf^l as 
 aforesaid, if he shall be known to ilie officer seizing the same, 
 shall he sum'noncd f4)rlhwiiii before the justice or judge by 
 whose warrant the liquors ivere seized, and f he fat Is to 
 appear, or unless he lan show by posiUve proof, that said 
 liquors are of foreign production, that 'h("y have been im- 
 ported under the laws of the United States, and- in accor- 
 dance Iherftwilh — that Ihey are contained in the original 
 packagfis in which they were imported, aiul in quantities 
 not less than the laws of the Uniteil Stiles prtscribe, they 
 shall be declared forfeited, :md shall he destn yed by autho- 
 rity of the wjitten order to th it (fleet, of said jusiiee or 
 judge, and in his presenc, or in the presence of some per- 
 son appointed by him to witiu ss the destruction thireof, 
 and' who shall join with the ofTic^r by whom they shall 
 have been destroyed, m attesting ihat fact upon the hack of 
 the order, by authority of which it was done; and the 
 owner or keeper of such liquors shall pay a fine of tivertty 
 dollars and costs, or stand committed for thirty days, in de- 
 fault of payment, if in the opinion of the couit said liquors 
 shall have neen kept or deposited for the purpose of sale. 
 And if the owner or possessor of any liquors seized in pur- 
 suance of this section, t^hall set up the claim that they hnve 
 been reguhrly imported under the laws of the United 
 States, and that they are contained in the original packages, 
 ^he custom-house certificatca of importation and proofs or 
 marks on the casks or packiges corresponding thereto, 
 shall not be received as cv dence hat the liquors contained 
 in said packages are actually imported therein. ^ 
 
 Seized liquors, how disvosed of, etc. \*'^^^''^^^^' 
 
 Sect. 12. If the owner, keeper or possessor of liquors 
 seized under the provisions uf this act, shall be unknotv^n 
 to the oiiicer seizing the same, they shall not l^e condemned 
 aiwi destroyed until they shull have been adveitised, with 
 the.ourpbeir and descripti n of the packiiges as near aa may 
 2)^,fortwv weeks, by porting up a wriiten description of 
 ibe same jua some pu<dic place, that if such liquors are 
 actually the property of »uy city or town in the Statt,. and 
 Wireio at Ilia Ume of the seizure, purchased Cbr aale bjr 
 
 
 \ I 
 
 H 
 
 i 
 
 ;:1i 
 
 ii 
 
*f HE MAlKl tAW. 
 
 •h 
 
 ' the agent of said city or town, for medicinal and meehahi. 
 1 cul purposes 9nly. in pursuance of the provisions of this 
 . act, they may not he destroyed, but upon satisfactory proof 
 of such ownership, within said two weeks, hefore the 
 justice or judge by whose authority said liquors were seized, 
 said justice or judge shall deliver to the agent of said city 
 or town an order to the officer having said liquors in cus- 
 tody, whereupon said officer shall deliver them to said agent 
 taking his receipt therefor upon the back of said order, 
 which shall be returned to said justice or judge. ^ • .. 
 
 Appeal of claimants of seized liquors, .vm.^ 
 
 Sect. 13. If any person claiming any liquors, seized 
 as aforesaid, shall appeal from the judgment of any justice 
 or judfi^e b) whose authority the seizure was made to the 
 district court, before hid appeal shall be allowed, he shall 
 give a bond in the sum of two hundred dollars with two 
 good and sufficient sureties to prosecute his appeal, and to 
 pay all fAes and costs which may be awarded against him ; 
 and in the case of any such appeal, where the quantity of 
 liquors so seized shall exceed five gallons, if the final deci- 
 sion shall be against the appellant, that such liquors were 
 intended by him for sate, he shall be adjudged by the court 
 a common seller of intoxicating liquors, and shall be sub- 
 ject to the penalties provided for in section eight, of this act ; 
 and said liquors shall be destroyed as provided for in sec- 
 tion eleven. But nothing contained in this act shall be 
 construed to prevent any chemist, artist or manufacturer 
 in whose art or trade they may be necessary, from keeping 
 at his place of business such leasonable and proper quan- 
 tity of distilled liquors as he may have occasion to use in 
 his art or trade, but not for sale. 
 
 Officers to seize liquors in certain places. 
 
 Sect. 14 It shall be the duty of any mayor, alderman, 
 selectman, assessor, city marshal or deputy or constable, if 
 he shall have information that any intoxicating liquors are 
 kept or sold in any tent, shanty, hut or place of any kind 
 for selling refreshments in any public place on or near the 
 ground of any cattle show, agricultural exhibition, military 
 muster or public occasion of any kind, to search such sus- 
 pected place, and if such officer shall fini upon the premises 
 any intoxicating drinks, he shall seize Ihem, and arrest the 
 ke iper or keepers of such place, and take them forthwith, 
 cr as soon as may be, before some justice or judge of a 
 municipal or police court, with the liquors so found and 
 
THE MAINE LAW. 
 
 13 
 
 l(. 
 
 lis 
 kof 
 [he 
 
 |ity 
 
 18- 
 
 snt 
 icr, 
 
 .;{ 
 
 led 
 ;iGe 
 Ithe 
 lall 
 
 [WO 
 
 to 
 
 ^^l -*y • »'*,! 
 
 leized, and upon proof that said liquors are intoxicating) 
 that they were found in possession of the accused, in a lent> 
 shanty or other place as aforesaid, he or they shall be sen- 
 tenced to imprisonment in the county jail for thirty days, 
 and the liquors so seized shall be destroyed by order of said 
 justice or judge. 
 
 . Appeals, fees, former convictions, etc 
 Sect. 15. If any person arrested under the prccedingr 
 section and sentenced as aforesaid, shall claim an appea), 
 before his appeal shall be allowed, he shall ^ive a bond in 
 the sum of one hundred dollars, with two good sureiicF, 
 that be will prosecute his appeal and pay all fines, costs 
 and penalties which may be awarded against him. And 
 if on such an appeal the verdict of the jury shall \c agrainst 
 him, he shall in addition to the penalty awarded by the 
 lower court, pay a fine of twenty dollars. In all cases of 
 appeal under this act from the judgment of a justice or 
 judge of any municipal or police court, to the district 
 court, except where the proceeding is by action of debt, 
 they shall be conducted in said district court by the 
 prosecuting officer of the government, — and said officer 
 shall be entitled to receive all costs taxable to the State in 
 all crimit ~1 proceedings under this act, in addition to the 
 ■alary allowed to such officer by law, — but no costs in 
 such cases shall be remitted or reduced by the prosecuting 
 officer or the court. In any suit, complaint, indictment 
 or other proceeding against any person for a violation of 
 any ot the provisions of this act, other than for the firr^ 
 offence, it t»hall not be requisite to set forth part icularly 
 the record of a former conviction, but it shall be sufficient 
 to allege briefly that such person has been convicted of a 
 violation of the fourth section of this act, or as a common 
 seller, as the case may be, and such allegations in any 
 civil or criminal process in any htage of the proceedings, 
 before final judgment may be amended without terms and 
 W matter of right. 
 
 Contracts for liquor null and void. 
 
 Sect. 16. All payments or compensations for liquors 
 iold in violation of law, whether in money, labor or other 
 property, cither real or personal, shall be held and consid- 
 ered to have been received in violaticm of law, and with- 
 out consideration, and against law, equity and a good 
 conscience ; and all sales, transfers and conveyances, 
 mortages, liens, attachments, pledges and securites of 
 
 i 
 
 I i ■ 
 
 : i 
 
 
 ■' 
 
 
 i 
 
 

 14 
 
 THE MAINE LAW. 
 
 V. 
 
 every kind, which either in whole or in part, shall havo 
 been for or on account ('f sfiirituous or intoxicating liqiiors* 
 shall be utterly nui! and void agiinst all persons ajnd in 
 all cases, and no rights of any kind shall bo acquired 
 thereby ; and in any action cither at law or equity* touch- 
 ing such real or peraonul csiatf^, the purchaser of such 
 liquors mrtv be a witness for either party. And h«» action 
 of any kind shall be maintained in any court in thinSthte, 
 either in whole or in part for intoxicating or spirituous 
 liquors sold in any otlier State or county whatever/nor 
 shnll any action of any kind be had or maintained in any 
 court in this State, for the recovery or posses3i<m of in- 
 toxicating or spirituous liquors, or the value thereof* '^^ 
 
 Applies to citieSy towns and plantations, "^'." 
 
 Sect. 17. All the provisions of this act relating to 
 towns, iiiiHll be Hpplicahle to cities and plantations; anjd 
 those relating to st^leetmen shall also be af)plied to the 
 mayor and aldermen of cities and assessors of plantations. 
 
 Repeulof certain actSf etc. .c>",? 
 
 Sect. 18. The act entitled ** an net to restrict the saTo 
 of intoxicating drinks," approved August sixth, one 
 thousand eight hundred and forty.six, is hereby repealed, 
 except the thirteen sections from section ten to section 
 twenty. two inclusive, saving and reserving all actions or 
 other proceedings, which are already commenced by 
 authority of the same; and ail other acts and parts of 
 acts inconsistent with this act are hereby repealed. This 
 act to take effect from and after its approval by tb# 
 Governor. yi yti'^ 
 
 Approved June 2dt 1851. , (^ oj 
 
 i^lOf? 
 
 1 ' -lO 
 
 liiil 
 
 . T-yA'f' 
 
 •-♦■ 'Mfytij 
 
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 \'\ 
 
 I 
 
 ■if 
 
 ii, 
 
APPENDIX. 
 
 , ,n;l 
 
 Note, The following facts and opinions have been collected 
 from various sources, hut chirfly irom an Extra of the New 
 England Temperance Journal. 
 
 fiii! 
 
 LETTER FROM NEAL DOW, ESQ. . 
 
 » City of Portland, ) , 
 
 Mayor's Office, Sept, 1851. J > 
 
 To the Citizens of Poi tland : - '• « 
 
 The '' Act for the Suppression of Drinking-houses and 
 Tipplino:-shops," parsed at the last session of the Legislature, 
 has been in operation in this city about three months, and I 
 think it proper to give the people of Portland some definite 
 information of its results. 
 
 At the time of its passage*, there were supposed to be in 
 this city from two hundred to three hundred shops and other 
 places where intoxicating liquors were openly sold to all 
 comers. At the p'-esent time, there are no places where 
 such liquors are sold openly, and only a very fewy where 
 they arc sold at all, and that with great caution and secrecy, 
 and only to those who are personally known to the keepers, 
 and who can be relied upon not to betray them to the 
 authorities. These places, with one — possibly with two ex- 
 ceptions — are of the lowest character ; and so far as they 
 sell these liquors at all, minister to the depraved appetite of 
 the basest part of our population ; but the keepers of these 
 places will soon be brought to justice, so tliat the traffic in 
 intoxicating liquors, to boused as a drink, will be entirely 
 extinguished in this city. The shops which I alli/Je to. are 
 kept almost exclusively by foreigners, and the few ;- C':?s 
 who are now brought to the lock-up in the watch-ho' t* are 
 the customers of these establishments, and are thi- .shelves 
 foreigners almost without exception. The stock of liquors 
 which the keepers of these places had on hand when the 
 law went into operation, will soon be exhausted, and some 
 difficulty will be found by them in replenishing their stores, 
 as the law will enable us to stop entirely the supplies of 
 these liquors, which have hitherto been received principally 
 by railroad and steamboat. 
 
 All those persons, ivho are now selling these liquors un- 
 lawfully in Portland, are doing it on a very small scale ; 
 
 the fluppl 
 
 tremely 1 
 
 conceal i 
 
 found lea 
 
 were fou 
 
 quarts, c 
 
 the liquc 
 
 and som 
 
 Three 
 
 sale dea 
 
 one: th 
 
 went inl 
 
 State, a 
 
 another 
 
 on the I 
 
 demoUs 
 
 this Sta 
 
 The 
 
 and dec 
 
 anticipi 
 
 and sui 
 
 majoril 
 
 approbi 
 
 this cli 
 
 much 
 
 other 1 
 
 induct 
 
 for th( 
 
 obed'i 
 
 I 
 
APPENDIX* 
 
 17 
 
 the supplies which the most of them keep on hand are ex- 
 tremely limited in amount, and every precaution is used to 
 conceal them from the police. In one shop searciicd, ivas 
 found less than one quart, in two small bottles ; in another 
 >?ere found only three bottles containing less than three 
 quarts, concealed in the cellar behind a board ; in another, 
 the liquor was found under the floor, buried in the earth,' 
 and some wae found in deeper concealment. 
 
 Three months ago, there were in this city several whole- 
 sale dealers in liquors ; but at the present time there is not 
 one : the wholesale busincFs ceased entirely, when the law 
 went into operation. There was but one distillery in the 
 State, at the time of the enactment of this law, though 
 another was in, progress on a very large scale. Operations 
 on the latter were promptly stopped, and the other has been 
 demolished. At the present time there is no distillery in 
 this State. 
 
 The results of the law so far, have been more salutary 
 and decisive than its most ardent friends had any reason to 
 anticipate. Although extremely stringent in its provisions, 
 and summary in its processes, it was received by the great 
 majority of the people of this city and of the State, with 
 approbation — and by all, with quiet acquiescence ; and in 
 this city, its vigorous execution has been attended with as 
 much quiet as has been experienced in the execution of any 
 other law upon the statute books. This law holds out no 
 inducements to resist its provisions, but makes it decidedly 
 for the interest of all to yield a prompt, if not a cheerful 
 obed'ence to its reqnirements ; and the result of it will be, 
 that the traffic in intoxicating liquors to be used as a drink, 
 will be entirely suppressed in this State. 
 
 But some persons may be found, who will make attempts, 
 and perhaps successful ones, to evade this law for a time, 
 and to risk its penalties, under the temptation of large 
 profits, — and thus habits of intemperance will be continued 
 in a considerable number of our people, particularly of our 
 foreign population ; but steady pe'^severance will enable us 
 at last to bring all such persons to justice, or drive them 
 from the business. 
 
 The law as it now stands, will enable the people of this 
 State to suppress the traffic in intoxicating liquors, except 
 In a few low shops where it may be secretly sold, when 
 some additional provisions may be desirable for the entire 
 extinguishment of the traffic, and to prevent it from reviv- 
 ingi when the vigilance of the authorities shall be relaxed ; 
 
hOi 
 
 18 
 
 APFENDIX» 
 
 11 
 
 w 
 
 
 and I am confident Ibnt the friends of temperance in this 
 Slate are sufficiently numerous to procure the enactment of 
 any additionul provisions they may Ihiiik necessa'y to ac- 
 complisli lliese olyecls. Tho operation of the la;v in thit 
 city has effected a marked change for the better, in every 
 department which is under the care of the police. The 
 nij;hi police lias comparatively little or nolhai;? to do, there 
 are few or no strtet-brauls, and il is very seldom that the 
 police or watch are called upon to inteifere in any quarrels 
 or disturbances of any kind in shops or houses in anv part 
 of the city. before the enaetiiienl of this law, scarcely a 
 tiiohl passed over, without some disturbances of tiiis cle- 
 scripliop, and somelitnes the police were called upon to 
 quell many such disturbances iu a single ni^^hU 
 
 At the commencement of the prej^ent year, scarcely a 
 night p:issed over, without the committal to the watch- 
 house, of more or less inteiitperiite persons ; and sometimes 
 many such were committed in a single night. The practice 
 formerly was to commit no intoxicated persons who were 
 ^quiet and able to get home. At present, the oidt;rs lo the 
 police and watch ate, to arrest all persotis found in the 
 streets ur other public places, either by night or day, who 
 exhibit unmistakable signs of intoxication i yet with ai! ihis 
 ri^*»r, the arrests for this cause are very few — sometimes a 
 week or more, and once a fortnight, have elapsed vvlihout 
 any committal > and were it not for the low grog-shops, 
 kept secretly by foreigners, the committals to the WHtch< 
 house would not amount to one in a month, and this diffi- 
 culty we hope to remedy within the year. The walch-liouse 
 is now used lo keep seized liquors instead of drunkards, — 
 and through the waste ways of the lock-up condemned 
 liqu IS are passed off into the common seuers, without 
 having fulfilled their mission of ruin and death to our 
 citizens. 
 
 ■'* I am assured by the members of the police and watch, 
 that they now have little lo do ; uhile before the enactment 
 of the law against lippling-shops, their numher was insuffi' 
 cient to preserve entirely »he quiet and peace of the city, 
 from the numerous persons to be found in our streets at all 
 times of the night, more or less excited by strong drink. 
 
 I am also ififonned on sufficient authority, that reli«>ious 
 meetings held in the evening, formerly suffered serious dis- 
 turbance and interruption from pertons who would come 
 there from oyster-shops and drinking-saloofis> strongly ex- 
 
 
I ( ! 
 
 APPENDIX* 
 
 cited by intoxicating liquors ; but at present no trouble is 
 I experienced from this cause. 
 
 The operation of our Liquor Law bins not yet had time 
 to manifest its effects upon our alms-house establishment ; 
 yet, uinnistakable indications are already observed of its 
 final resiilLs in that direction. There were in our alma- 
 house, Jun' 2, 1851, (llie law was approved on that day), 
 one hundred and sixteen person**; on the first IMonday of 
 August, there were eighty-five ; and on the first Monday of 
 September, twenty-one. There were committed lo thbt 
 esiiiblishmsni by the municipal coort, in June, July, and 
 August oC J 850, fourteen person?, — by the overseers in 'he 
 same months, eleven persons ; for the correspondin" nionib'. 
 of the present year, there were committed by the court and 
 overseers respectively, two and six persons, maUing eight 
 only, against twenty-five for the same months of last year. 
 A considerable number of persons now remaining in tho 
 alms-liouse are advanced in life, or imbecile, or otherwise 
 incapable of taking care of themselves ; but the mo»t of 
 them were brou<j;ht upon the city for support through the 
 direct or indirect influence of slion<; drink' 
 
 Neal Dow, Mayor. 
 
 REPORT 
 
 It 
 
 Made at a meding nf the c'tizens of Hangory in the City 
 H llf Nov. 14, 1851, on the operation of the Maine 
 Temperance Law. ' 
 
 In estimating ihe success of a measure so novel and 
 stringent in its provisions as this, we must not expect loo 
 much at once. The law is an experiment as yet. Its very 
 existence as a permanent thing can hardly be considered 
 as a fixed fact; still less its e mplete and successlul work- 
 ing. We can get (»hly scanty and mcontplete statistics of 
 its effect in some few place?. How it is likely lo woik in 
 the Slate as a whole, we can only judi'.e in pirt from these. 
 
 And there are special reasons for supposing that the 
 statistics of a single quarter, especially the first quarter, are 
 likely to prove less satisfactory than we could ui>h. A 
 larger stock of liquor than usual was laid in last spring, in 
 anticipation of the law, to be sold secretly, — and this makes 
 np in part for the diminished imjjorlalioii. There are towns 
 wilhhi reach of us, where no ailempt has been made to put 
 
 , 
 
 ! 
 
20 
 
 APPENDIX. 
 
 1 •-■ 
 
 the law in execution. Our ports are open to daily and 
 niR;hiiy attempt." nt smuggling. Mnine has been a greal 
 market for the liquor trade ; u. large profit will not be given 
 up without a struggle. All this the law has had to work 
 against. And so we must allow for considerable drawback, 
 in estimating its cffecl. 
 
 We ought to consider, besides, what from the nature of 
 tne case we have a right to expect. No law accomplishes 
 aK it aims at. Laws against theft, fraud, and murder, have 
 been in force as long as civil society has existed ; yet theft, 
 fraud, and murder still take place in every large city. This 
 law will not prevent liquor from being imported, or made, 
 or sold, or drank ; it will not prevent men from goina: to 
 ruin or crime by way of intoxication, or their families from 
 being miserably poor ; it will not take aw.ny all the public 
 burden of intemperance, in the way of alms-houses and jails. 
 Let us say, once for all^ that its purpose is not to interfere 
 with the liberty of ihe public, but to relieve a public bur- 
 den. It might be tyrannous to compel men to be honest, or ^ 
 sober, or virtuous ; but we have a right to hinder them if ^ 
 we can, from doing their neighbours harm. 
 
 We shall only undertake to show that the law is not a 
 failure. If it can remove a small part of the existing evil, 
 it will sufficiently vindicate itself. If by means of it there 
 are only fifty drunkards, and thirty ruined families, and 
 twenty commitments for assault, or cases of violence in the 
 street, where there were a hundred before, it will accom- 
 plish quite as much as the average of criminal laws. If 
 public burdens caused by intemperance, should be dimin- 
 ished in the ratio of one half, and not quite as much liquor 
 can be smuggled in as was imported previously, and a fair 
 proportion of dealers stop the sale for want of power to 
 collect their debts, it will be a magnificent " experiment" 
 for the Stale of Maine. 
 
 The law docs actually and perfectly accomplish two 
 things, 1st. It puts the temptation to drink out of men's 
 way ; so that if one will have liquor, he must take some 
 trouble to find it, instead of having it urged and thrust upon 
 him. 2nd. By making: all liquor debts null and void, it saves 
 the family of the drunkard from the necessity of penury and 
 ruin. The remnants of the family property, the wife's or 
 widow's wages, or the children's scanty earnings, cannot 
 be seized, as they could once to feed the source of their 
 misery. These two things the law does at once and per- 
 fectly accomplish. 
 
APPENDIX. 
 
 21 
 
 |y and 
 
 great 
 
 given 
 
 work 
 
 [back, 
 
 Wc do not attempt to meet here the objections which 
 lave been made to the la>v in p 'int of principle. Thecom- 
 inon sense of it is very plain. If the State is bound to un- 
 Jertake to make good the mischief the liquor traffic has 
 jaused, if it must guarantee the support of families in the 
 ilms-house, and the defence of the community from crime," 
 ,t is certainly competent to define the termS' The State, in 
 this connection, is represented by ail those classes ol men 
 kvho are capable of self-support. The honest, temperate 
 ind industrious, must bear the burdens of the rest. If 
 [which ii a moderate estimate) three quarters of the pau- 
 perism which they must pny for, and half the crime they are 
 fikely to suffer by, result from tii." liquor traffic, they have 
 L right to defend themselves in :u y way they can. In 
 jtvisconsin, dealers in liquors as a chss, are made liable 
 or the whole burden. Our way in Maine, we think, is a 
 ^etier way. It prevents the mischief from being done, and 
 len nobody has to pay for it. 
 
 The Maine Temperance Law of 1851, is " an act for the 
 Suppression of drinking-houses and lippling-shops." It 
 ovides that intoxicating liquors cannot be lawfully sold, 
 txcept by certain salaiied agents, " for medicinal and me- 
 ^hanical purposes only.'' It makes the violator of it liable 
 ) search, fine and imprisonment. Without mincing the 
 jiatter, it aims to break up the ruinous traffic, that breeds 
 fhe poverty and vice wliich prey upon the Stat^^. It seizes 
 \nd destroys the article unlawfully held. It compels the 
 lufhorities, on suitable representation, to search shops or 
 )uildings for this purpose. It makes null and void all debts 
 )r contracts entered into for the unlawful purchase of in- 
 toxicating liquors. And this it does, with the view, first of 
 iefendins^ the public peace and morals ; and secondly, of 
 iiminishing the burdens on the Sta e. 
 
 How far have these two objects been effected in this 
 8ity during tKe past quarter, — the first of its operation 
 lere? 
 
 In answer to the first, we have the 2;eneral testimony of 
 )ur citizens, as to the greater quiet and better order of our 
 [streets, especially at night We have the particular state- 
 Iment of a watchman, who has been constantly on duty for 
 leighl years, and who says that at no lime for all that pe- 
 Iriodj have the streets been so safe and quiet. We have the 
 [notorious fact, that our watch-house and jail have been 
 [nearly tenantless, and that the fourth of July passed with* 
 lout a single commitment by the police. We have the fa* 
 
 > r 
 
 1^' 
 
 i i 
 
22 
 
 APrE\DlX. 
 
 fi ;! 
 
 I 
 
 
 1 
 
 il 
 
 ; 
 
 i'i 
 
 i 
 
 ▼oroble testimony of the city authorities, to the same gene 
 ml effect; and the assurance of the clerk of the counlyl 
 court, tliat " unquestionably" the expenses of criminal 
 prosecutions ^mII be mjjteriullv dimini.^hed l)y the norkingl 
 of this law. We have the report of the city marshal, who 
 presents a li-t of thirty-nine phrces of sale closed — twelve 
 of ihc dealers having left the city, and ihric having been' 
 committed to jail. And, fiiinlly, we have all thip, in con- 1 
 trast to the disgraceful violence that look place in our btrcclj| 
 last winter,— violence resulting twicf in murder. 
 
 We hHve obtained from tl»c proper sources the fallowing 
 statistics, which will illustrate this matter it) detail : — 
 Commilments to the County J il. Quai tor ending 
 Sept. 30, 18'.0.— for Drunk. 12 j Assault, 7; Total, 19 
 June 30, 1851— * 11 " 3 »« 14| 
 
 Sept. 31), 1851 — '* 3 *' 5 « 8 
 
 Showing a difference in favor of this quarter of six, asj 
 compared w.th llieone previous, and of eleven, as compar- 
 ed with the corresponding one Inst year. 
 
 2. Commitments to the City Watch-home : 
 Quarter ending .June 30ih, 1851—154; Cost, $558.80] 
 . " <• Sept. 30ih, 1851— 51 ; •« 75,73' 
 
 Diff. in favor of this quarter, Casrs— 103 ; Cost, $183,<7 
 
 3. Number of places ivhcrt liquor is sold — Last spring, 
 106; at present, some 56 ; showing a diminution of near 
 50 per eertt, uhile the quantity sold is estimated to be re- 
 duced about 75 ptM- cent iMost of llicse are Irish dwelling 
 hivses of the lowest, etas?, (which cniiiot be searched with- 
 out express proof of sale.) where liqu(n* is kept in very 
 small quantities. A city agt nl has been recently appointed, 
 and th(; five licensed doiilers are nolilied to stop the sale on 
 or before the first of J.inuary ncxl. 
 
 4. Amonni of fines paid to eiiy treasury, $)10, 
 
 5. Qauiiiily o/Zi^uor seized and eondenmed, al)out 4000 
 gallons ; and a still larger amnunt reshipped to Boston. 
 
 6. The ^iale of the streets and city, according to the 
 city marshiil's statement, is *' improved 75 per cent." as 
 compared with '.he previous quarter. 
 
 A part of these sttilislics .^how merely the efficiency of 
 the law; but we call more particul-tr attention to those 
 fact? which show the actual decrease of crime, and the ^o>i- 
 live gain ofpvblic morals^ 
 
 In answer to the second question, i.e., as concerns th<» 
 public burden of pauperism, we have the most ample and 
 satisfactory statements. An overseer of the poor says;— 
 
 \\ I 
 
APPENDIX. 
 
 23 
 
 [The applicntioni for nid for the Inst three months hnra 
 
 Lt been half so numerous ns the three preceding months. 
 
 fhis I attribute to (he enforcement of (he Into liquor latv. 
 
 is in my opinion, grndually but surely diminishin;!; our 
 
 lauper expenses ; and I hope the dny has ntready dawned 
 
 Ipon us, when this frightful source of pauperism, misery and 
 
 rime will be entirely banished from our midst." 
 
 We quote the following statement from one of our city 
 ianers : ** We understand that the extra help during hay- 
 
 ig at the city farm is all hired. It has heretofore been per- 
 
 )rmed by persons committed to the house of correction for 
 Irunkenness, of whom there has never before been a defici- 
 [ncy. The hnuse of correction is now empty' The city 
 [an afford to have many things done, when the drain upon 
 
 le wealth and industry^ resulting from the use of ardent 
 
 )irits, is stopped.*' 
 
 We have also the assurance of those competent to judge, 
 
 ifltthe operation of the law will be to add some four or 
 
 Ire hundred dollars to the amount cf the poll taxes of this 
 
 ^ity. In other uords^by taking tomi)tntion to drink out of 
 
 len's wny, it creates a body of scime hundreds of new citi- 
 
 fens, in place of an equal nuniber of de;:;rnded and biirden- 
 
 [ome panpeis, or of men who for charity's sake were spar- 
 
 |d Ihe tax. Even if this amount is greatly overstated, still 
 
 law that promises to reftore a liundred, or even one, to 
 
 le lost privilege of manhood, and to equal citizenship, is 
 
 fertainly very far from proving a failure. 
 
 In addition to these general statements, we arc enabled 
 |o present the following statistics : — 
 
 1. Out' Door expenses of the Vawper Establishment — 
 liiarler ending 
 
 fnne 30, ?5l, (49 sup) $79 \53 ; '50, (60 sup.) $5n6.l6 
 ;ept.3t}, « (28 *' ) $213(8; ** (40 '* ) $106.43 
 Showing a reduction of more llian fifty per cent in ihis de- 
 partment, fortlie last quarter, against twenty per cent last 
 ^enr. 
 
 2. Expenses of Alms-house resulting from intemperance, 
 m 185J. 
 
 Quarter endmg June 30, $161.53 
 '« Sept. 30, $ 6.02" 
 
 [Showing a reduction in this one item of $15651, or ninety- 
 
 ©{» 
 
 t- ! 
 
 : ! 
 
 r »' 
 
 i 
 
 t;! 
 
24 
 
 APPENDIX 
 
 • p.i 
 
 .1 
 
 I ) 
 
 at 
 
 3. Cost of support of common drunkards in the House 
 ;. of Correction for Penobscot County, 1851. 
 
 Quarterending June 30, $147.84 a hi I 
 « « Sept. 30,$ 40.67 mm 
 
 . Showing a reduction of $107.14, or 72^ per cent. 
 
 And we have the marshal's testimony to the effect, that 
 ** considerable improvement" is manifest in the condition 
 ot the intemperate classes, from the obstacles in the way of 
 their obtaining liquor, and that the comforts of many fami« 
 lies have been greatly augmented. 
 
 These facts, as we conceive, fully prove, that, cdnsidering 
 the embarrassments which must beset a law of this nature, 
 especially at the outset, the " Act of 1851 , for the suppres- 
 sion of drinking-houses and tippling-shops," has proved 
 successful ; and that the passage and enforcement of said 
 act is a subject of congratulation foi' every friend of public 
 economy and morals. 
 
 We do not deny that there has been hardship io the exe- 
 cution of the law in particular cases. To this all laws 
 are liable. And we do not overlook the greater difficulties 
 that must be met in ca'-rying it out in towns^> where there is 
 no strong municipal government, — especially in towns up- 
 on our border, adjoining the territory of a foreign Goven- 
 ment, and indeed, in all places which admit the coasting- 
 trade. Still, under these heavy disadvantages, we contend 
 that it is doing good now, and is likely to do more good. 
 
 In conclusion, we would respectfully urge on all good 
 citizens, and friends of the general morals and peace, the 
 consideration, that if similar laws can be passed and exe- 
 cuted in two or three adjoining States, their operation will 
 be more easy, more effectual, and more advantageous to the 
 community. 
 
 We are happy to believe, from all that we caii learn, that 
 this law has the steady support of the better part of our citi- 
 zens, and that it is gaining and not losing in popular favor. 
 In support of this opinion, we refer to the testimony of a 
 prominent citizen of this place, as given in answer to a com- 
 munication from certain friends of temperance in Msi^sa- 
 chusetts. We quote the following words : " The execution 
 of this law obtains the unanimous consent of temperance 
 inen ; and does enlist others, who have hitherto been inac- 
 tive." And among these he includes '^such as have been 
 addicted to the cup, and have never been able to restrain 
 their appetite, until the law has rendered it almost impossi* 
 ble for them to obtain drink, and their associations leif dftn>* 
 
APPENDIX. m 
 
 rous." Certainly, no higher evidence of its success can 
 o-iven, than the fact, that it has not only prevented the 
 )mmiss'ion of crime, and saved the State from a heavy bur- 
 jn but that it has enlisted in its support those very men. 
 )r whom it interposes the only barrier against self-degrada- 
 [ion and ruin> 
 
 Geo. W. Snow, 
 ^ i r: ' J 
 
 J 
 
 ■I ^. ■ :,A ^^ "lit « *^' X'A^ ;•; .;S f •! * ■■* -J,;* v/«'» '. :|.v» r / Jt \ >'» 
 
 • ?bll 
 
 1L\ ;Mi 
 
 jeo. W. Snow, ) 
 
 F. H.Allan, > Committet, 
 
 I. GiLMAN, ) 
 
 
 /, ■.' 
 
 
 
 
 
 
 '•»> .' lU. f*y<J ,?♦>.> 
 
 
 >m .ami) 
 
 : ' V 'f • .•■..■-aiiji^''. 
 
 •J, 
 
 
 !.l: 
 
 I 
 
 I 
 
 .,,i 
 
 ■I, ■ 
 f 
 
 ■' i. 
 
 » 
 
 ii 
 
an >• js? 
 
 
 'I TG "'♦'».•'. 
 
 =;t' >.! 
 
 t .: 
 
 h Jr t'^' '.i^, ^j^-;-, . -jri/V •;:? 
 
 i< . , , , 
 
 ■I.., 
 
 ..n.'.."* v.i *t' 
 
 SYNOPSIS 
 
 OF LfilTB'RS fROM DIFFERlKT PAVTS OF MAINS. 
 
 i.'i, 
 
 QUBSTIOK FIRST. 
 
 1. Does the execution of the Main9 Law obtain M 
 unanimous support of Temperance men, and does it enlii 
 others who have hitherto been inactive ? 
 
 Neal DjiDf Esq,^ Mayor of Portland* The law call 
 out new and increased interest (even enthusiasm) frool 
 Temperance men, and has brought over the timid anil 
 wavciin^. — Rtv. F. YaUs^ of Gardiner* The law does 
 have the unanimous support of temperance men^ even 
 '* moral suasionists," and also of many hitherto inactive^ 
 especially business men and men of wealth. — G. F. (rod-j 
 /rcy, Esq.,, of Bangor, It does both. Moderfite drinkenj 
 sustain it, — such, for instance, as have dissipated relatives;] 
 such as employ many laborers ; such as do business \i 
 neighborhoods where drunkenness has been frequent, but 
 has now diminished ; such as have an eye to their pocket^,] 
 and observe the diminution of pauper rates ; and such asj 
 notice less criminal practice in our courts. James M» Lin- 
 colut Esq.y of Bath. The support given to the law comes | 
 principally from the friends of temperance, though odeii 
 with the countenance of those hitherto indifferent, but whoi 
 desire to see the experiment fairly tried* The provisions 
 of the law are so simple and so easy of operation, that indif- 
 ferent persons are not disposed to hinder it. Even those 
 friendly to the use of ardent spirits admit the good results of 
 the law in the improved appearance of our streets, the pro- 
 bable diminution of pauperism, etc.— Dr. W. A Rust, of 
 South Far is. Yes, without hesitation. IMany within my 
 knowledge, who would not even sign a petition for the law, 
 seeing the ease and benefit of its operation, now sustain it 
 unhesitatingly.— i?etJ. 4. Battles, of Bangor* The law 
 
' 
 
 AfFSNDIt* 
 
 27 
 
 ^ms (0 recelfe the unanimous support of temperance men^ 
 cept those who have been wholly opposed to legal mea- 
 res* Many moderate drinkers are quite zealous in its 
 \ha\(.— Joshua Nye, Jr., of WatervUle. All friends of 
 tiperance say that this is the only lemnernnce law worth 
 [ylhing.^Nathaniel WxUofiy Esq.^ of Chono. All rc- 
 ird it as the law, and bless it ; eren drunkards who de- 
 Used all former lawB. ,_ .. ..*. 
 
 QUfifTION fGCOND. 
 
 Ml ' J»? U'J^i 
 
 Does it create any opposition in the minds ofindif^ 
 rent persons, as a daring invasion of private property v 
 
 \Neal Dofv, Esq, There is no feeling of opposition to 
 law, except among a small' minority of low men ; the 
 carries all opposition before it — Pi'of Stowe ofBruns- 
 \ck. Some, but not much. Most of the opposition here 
 
 trom respectable drinkers, not from ihe indifferent, n:r 
 \m drunkards ; the latter often saying that they are glad 
 'lose the temptation — Rev. C, Palfrey, of Belfast. I- 
 ally do not remember hearing any opposition to it ex"^ 
 Fessed, or seeing any in the papers In this State. All the 
 »position I am aware of has eome from abroad, from per- 
 |ns whose trade is affected. One of the many remarkable ' 
 ings about the law is, the very little discussion it has oc- 
 [sioned — Dr. PT. J. Rust* So far from this, the law has 
 
 irated to convince many that alcoholic drinks are not 
 
 foperty, but the destroyers of property, and to be opposed 
 
 J such by those who would preserve property. — J?. P. 
 
 ^iggins, of Rockland* I know not a single instance 
 
 long a population of 50,000 in this vicinity. 
 
 • ifk^rfvri, jy^ 
 
 QUESTION THIRD. 
 
 3. Is there or can there be any guarantee of its execu' 
 n, where the majority of citizens or public officers are 
 posed or indifferent to it? 
 
 Neal Dow, Esq. The law is easily enforced in any town 
 you have three temperance men who are not afraid, one 
 ood justice of the peace, and one good constable.— /?«v. 
 '. Yates. The law can and will be enforced wherever 
 there are a few efficient temperance men. Forcible resist- 
 ance has been tried but twice, and one partially succeeded, 
 m Waterville ; but this will not last long, [The law is 
 mw enforced in Waterville.]--Pro/. Stowe. Wherever 
 there is a body of Ave temperance men they can carry it 
 |through and have often don« so in spile of opposing ma- 
 
S8 
 
 ▲PPEI^DIZ. 
 
 I t 
 I, 
 
 n 
 
 joritles or magistrates. WaterviHe is the only instance, inl 
 the whole State, of successful resistance.— Dr. C Jordan^ojl 
 East Raymond. The law alone is full of terrors, where ii 
 is suspected that any one is disposed to enforce it ; and inl 
 the most intemperate neighborhoods no one nttempts openlyl 
 to violate the law. — ReV' C. Palfrey. I suppose that inl 
 the country p;eneraUy, any law will be disused to which! 
 there is a strong and general opposition. Yet this law hm 
 been subscribed to all over the State. When 1 first rcatll 
 it, I thought the attempt to enforce it here [Belfast] wouldl 
 uery likely create a riot ; but it has been completely exc'i 
 cuted without difficulty, — Rev J. B. Weston, of Skow\ 
 hegan. Men will be careful how they oppose a law of the] 
 State. A good justice, an officer, and three good temper- 
 ance men, are enough to execute it. One man of nerve| 
 and determination will gather enough around him to ensure- 
 lis enforcement almost anywhere. — James M. Lincoln, Es^ 
 There need be no difficulty in enforcing the law, providd 
 only a few individuals engage in it. The public officers 
 may stand aloof and a majority of the citizens be indiffisrentj 
 and yet a few determined individuals may effect great re| 
 sultst This was the case, I am told, in Hallowell, where 
 the people were indisposed to act, and the law was at first 
 violated, until a few resolute men engaged in the service J^ 
 The law places the power more in the bands of the people Jj 
 and less of authorities than before — Jl. P. Higgins^ Esf 
 1 believe that in any city or town where there are three or 
 more temperance men who will work and persevere^ thel 
 law can be fully executed. In this lies one of its chieli 
 beauties. 
 
 QUESTION FOURTH. 
 
 4. Are there yet any indications ofre'action ? ^. -r r- 
 
 Neal BoWy Esq. No indication of re-action ; there will 
 be nothing: to re-act, for we shall annihilate the traffic— /| 
 Rev. F. Yates. None. Where the law has been mosti 
 fully enforced, it is most popular j for instance, in Bangor, 
 where there had been very little previous interest, and rum 
 was sold without restraint. Now the law is enforced, aiwl 
 heartily approved by all classes.— Pro/. Stowe. Some, but 
 less tlian was reasonably expected ; and chiefly from the 
 influence or Boston rumsellers, enraged at the loss of the 
 Maine market. If we had qnly our own State to take care 
 of, we should do well — Rev^ I. C Knowlton of Hampden. 
 None; W6 all Ukeii better and hBlior, -^Nathaniel Wilson^ 
 
m 
 
 Af^tKi>iiii 
 
 29 
 
 ^^i'^l^m:endal 
 
 M. On the othar hand, it la gaining friendf etcry day— 
 J^al Brookt, Jf't of Eattport* There are no indica- 
 Tons of re-action. But dealers in liquor at Boston have 
 Jeclared that no labor or money shall be spared to secure a 
 epeal; and there is great danger that a sufficient number of 
 ur legislators can be bought against the bill. 
 
 5. Do dialers abandon the traffiey or do they appear 
 be only sutpending it a§ if cherishing some hope of 
 epeal or modifieation ? 
 
 Neal DoiDt Esq, Dealers have given up ; there are no 
 
 rog'?hop8, ezcepl a few low holes where rum is sold very 
 
 ecretly.— /^ev. F. Yates. In many instances dealers 
 
 ave already invested their capital in other enterprises ; 
 
 nd some are pleased with the change and strongly advo- 
 
 ate the law.— Fro/. Stowe. Mostly they abandon the 
 
 rafHc and get their capital out of it, except the low and 
 
 he desperate. This is a great excellency of the law, 
 
 hat it makes capitalists airaid to invest. — Eev. C- Pal' 
 
 rey. The trade for the present is completely broken up 
 
 n this town. — Rev, J, B, Weston, Generally, dealers 
 
 ppear to huve abandoned the traffic, some say they are 
 
 lad to relinquish it if they know that olhors will du the 
 
 lame. — James M, Lincoln^ Esq. Trpffickers find it use- 
 
 SB to contend against the law, the risk is too great. 
 
 ome withdraw their capital permanently. — Dr. Rust. 
 
 ealers generally abandon the traffic voluntarily. 
 
 QUESTION SIXTH. { 
 
 6. Has the law been in any way mingled with politic 
 al party movementf, or is this likely to occur ? 
 
 Neal DoWf Esq. No political party dare eay a word 
 gainst the law ; death to such party would follow. — Dr, 
 " Jordan. The law is much more likely to overcome 
 arty ansociations than to be overcome by them. The 
 me law was passed and vetoed two years since, and the 
 ounties then most strongly in its favor were Waldo, the 
 troogest democratic county in the State, and Kennebec^ 
 the strongest whig county.— /ome* M, Lincoln. The 
 euccesa of the law was attributable to the fact that it was 
 not a parly measure, but a movement of the people. — 
 ^'^' ^*'. '• Neither party would dare to make the law a 
 test in its candidates, either way, yet all the party papers 
 advocate it, more or Jess faintly; and any party raising 
 
 m 
 
30 
 
 APPENDIIC^ 
 
 ill 
 
 in 
 
 M 
 
 (r 
 
 Kfiiii 
 
 the standard of repeal, would inevitably be defeated.-^ 
 Joshua Nye, *Tr» All the newspapers in th^ St^te, ; with 
 two exc.eptions, sustain it., ,fv |t?tt^ ri(ji)i)r^tii lo tn^ii' 
 
 QUESTION SEVENTH. ' O/l Inaf !:;Jlj;t ) 
 
 i^-ttf 
 
 ' 7. Does not the chief power of the law lie iti the 
 seizure and confiscation of intoxicating liquofs 7 
 
 Neal DoWt Esq, Confiscation and seizure are the great 
 things, with the speed apd certainty with which penalties 
 follow J no evasion will succeed. — Rev. F. Yates. Un. 
 questionably. This removes all deception. The ruai« 
 casks cannot lie, and they are the only witnesses to be 
 trusted. Another important feature of the hw is the re. 
 moval of all discretion frorp the courts; this has been a! 
 great difficulty heretofore.— Pro/". Stowe. Exactly. Tni 
 attack the liquor itself, ratlier than the drinker or seller, is! 
 the true policy. If there is wo rum the drinker cannot drink,' 
 nor the dealer agitate. — Dr. C. Jordan, The chief power^ 
 bf any temperance law lies in its penalties and its certainly, 
 It has been demonstrated in this Stute, ihat no law oil 
 uncerlti'm penalties will have any influence. — J.E. Qod.^ 
 frey, Esq. The chief power of the law lies in the seizure 
 of liqvors, the imprisonment of the offender, and, if I may ;i 
 coin a word, the unpropertying of liquors. — Rev. C. Pal 
 frey. By no means. The penalty for the third oflencc 
 is imprisonment. And perhaps the most effective provi. 
 sion of the statute is that no liquor debt can be enforced 
 bylaw. ReVnJ.B. Weston. Seizure and confiscation! 
 tiXQ the power of the law. These, and the speed and! 
 facility with which they are effected, make it impossible 
 to evade the law to any great extent. — James 31, Lin- 
 colUi Esq. No doubt the cliK'f power of the law lies in 
 the seizure and confiscation of liquors, but it also has force 
 in this particular, that it leaves no discretion to the courts; 
 the duty assigned the magistrate cannot be evaded; if 1 
 there is responsibility, he throws it on tli^ law ; his course 
 is uiarked out for him, and he cannot depart fronn it.^ — 
 J)r, Rust. Seizure and confiscation form one clement of 
 the power of the law. Another, is the penalties affixed 
 to second and third violations, and the obstiicles in the 
 way of uppeal. Another, is the ease of obtaining evi- 
 dence against violators, and the impossibility of their 
 escaping when once arraigned. — Joshua Nye, Jr. The 
 whole power of the law lies in this; and with this provi- 
 •ion iio nmn, even if b« is worth niillionsi can for any 
 
APPSNPIX. li 
 
 time reeiet the law. Dealers will admit that the attetnpl 
 lis useless.— -4. P. Hiffgins, Esq^ In thia lies our only 
 'hope. Leave this oui, and farewell to the buppressiqn of 
 the traffic. — Nathaniel Wilson, I cannot designate any 
 BJngle power. It is tiic combination that makes it what 
 it is.— itf. Davis, Esq., of Belfast Better have no law 
 at all, at preHent, unless you can net one making spirituouf 
 liquors contraband, and exposing them to destruction* 
 All laws without ihis will only fail. No Uw against the 
 sale merely, however strinfjent, can be effectual. , Qm 
 law of 1846, was everything that such a law could be. 
 As prosecuting attorney for a county league, 1 carried 
 through some three hundred prosecutions under it. This 
 checked the business, and in a few towns broke it. up. 
 But in Urge places it produced no effect, and was fifially 
 dropped. And I am fully convinced, from six years p/ 
 unceasing effort in this business, that the only way to 
 stop the trattic in spirituous liquors, is to nkake them con. 
 traband,give the right to search and destroy them where 
 found. 
 
 QUESTION EIGHTH. 
 
 L •- . 
 
 17" 
 
 i■u^ ' 
 
 .„'.! 
 
 8. Would it be desirable to make such a law applica. 
 ble to the counties separately , or should it be enforced 
 throuuhout the State ? «* ?Kv mw nV. .vhj\ •vrtv «r.i\\ ^^lO^i 
 
 ^eal Dowt Esq. The law should be uniform through, 
 out the State. — t'rof, Stowe. For the whole State, de- 
 cidedly. We suffer most and are in most danger of fail- 
 ing, bocaose our border States continue the traffic. — Dr. 
 Jordan. Throughout the State. Our greatest difficulty 
 proceeds from the adjacent counties of New Hampshire. 
 —J. E. Godfrey, Esq. Throughout the State. The 
 non-adi)pti()n of the law, even in other States, presents a 
 great difficulty to us. Boston dealers send liquors in 
 every imaginable form. — Rev. J. Weston. . The law 
 should be uniform throughout the State, and as nearly as 
 possible throughout all the States. AL present, Massachu. 
 setts is our greatest foe.— >F. C. Wetmore, Esq. A law 
 applying to counties would be worse than none, because 
 it would inevitably fail of operation, and prevent the pas- 
 sage ot a better one. s i/^jriv* jit tvjio«i!.^ -m j^ii«Wi» 'iy-ti 
 
 ; '^V .'"< GENERAL REMARKS. '^WlftuYiliMl i^>«^;n 
 
 Neal Dow, Esq. The people of Massachusetts shpuld 
 at once project a series of c<mventions throughout the 
 Stati, to call out a general movement of the people for 
 
 M 
 
 ill 
 
 
 . 
 
^ 
 
 AFFltNDIX. 
 
 i 
 
 •, w 
 
 I* 
 
 ■uoh a law ai wa Kave ; and a law founded on the saniH 
 principle! ii the only one that can succeed. A JtXantl 
 imitation of our law will not answer ; ours is not found. 
 ed in long eiperienoe and a thorough knowledge of the 
 subject) as we think; and any law which comes much 
 short of ours, will not be effectual. * « • Our law! 
 has been forced from our legislature by the common peo< 
 pie, the voten, with but little help from men of high I 
 standing and influence ; and it will be so with yours, if it{ 
 Buoeeeds. 
 
 Rev. F. Yates, The working of the law has ex- 
 ceeded our most sanguine expectations. In this city 
 (Gardiner,) the open sale is entirely suppressed. 
 
 Dr. C. Jordan. A great incidental power of the law 
 is in the removal of temptation from rum-drinkers. Ma. 
 ny intemperate men rejoice to have temptation removed. 
 At this moment, thousands of such arc now supporting 
 their families respectably, and rejoicing in their prosperi- 
 ty, and would tremble at the repeal of the law. The 
 greatest obstacle the law has to meet, is the influence ot 
 Boston rum and Boston money. Pass such a law in 
 yonr own State, if you wish ours to remain permanent. 
 You can do more in this way than in any other, perhaps 
 more than we can do ourselves, 
 
 J. E, Godfrey, Esq. Main is already deriving great 
 benefit from this law. Pauperism and crime are dimi- 
 nishing, and intemperate men reforming. — We cannot 
 expect that the law will suppress drinking, but it will and 
 does stop the opea sale, und many debasing eflects. It 
 is understood that Massachusetts dealers are determined 
 to use all their influence to promote its repeal. You will 
 do UB a service by endeavoring to give them suflicient 
 employment at home. 
 
 Rev. C Palfrey, The law has been a matter of won- 
 der to me from the beginning. It took me entirely by 
 surprise. It was not preceded by the usual preparatory 
 discussion, preceding an extraordinary step in legislation. 
 When I first read it, I regretted it. I thought it far out- 
 went public opinion, that it could not be enforced, that 
 any attempt to enforce it would make trouble, and would 
 re-act unfavorably. I have been surprised again to find 
 these apprehensions so groundless, that the law has been 
 so universally and quietly submitted to. 
 
 Rev, J, F. Richardson, of Otisfield, There is a mys- 
 tery about the state of matters in Maine, which I can 
 
 lU 
 
^p* 
 
 ▲PP£NDIX. 
 
 93 
 
 lardly solvo. The passage of our temperance law by so 
 iverwiiclming a majority, surprised both the friends and 
 foes of temperance. The fifcncral and almost univor><al 
 jubmission to the law is elill more surprising. VVe want 
 ^lassachuselts to do a« they sometimts do in our woods 
 -kindle a hack-fire to stop one conflagration. 
 Rev). A. Battles. Tliere is sciirccly a city or viilajre 
 in the Stale winch has not been jrreatly improved by the 
 existence of the law. 80 far as this city (Bangor) is con. 
 lerned, every one iw ready to admit tlie ciianjre. An in- 
 toxicated [)crson is now rarely seen. Only about half as 
 latiy have been imprisoned in the jail during tiie la^t 
 three months, as in the three montlis previous, inin '>>/mi 
 Rev. S. C, Fessenden. Our principal o;jposition to the 
 law comes Irom out of the Stale ; from the dealers v^ho 
 lave been in the habit of visitinor our town annually, and 
 rho come now from Bosion and elsewhere, in theiiope ot 
 jmiigfflingf liquor, and vent their spite ag^ainst the law. 
 
 A. P. Higsins^ Esq, The law works well, but would 
 
 far belter if Massachusetts had a similar one. At present, 
 
 [Boston is our greatest scourjEre. t - 
 
 M, DaoiSy Esq,, of Belfast, Our new law, severe^as 
 
 |it is, has not met with a tithe of ihe opposition that the 
 
 [old law did. It is altogether the most poptAnr with the 
 
 IrvMSellers themselves. Tliere are two reasons for this. 
 
 iFirst, it is successful, and anything to be po|)ular' must 
 
 iBucceed. Secondly, it makes us to treat all alike. For- 
 
 fmerly, one might be convicted and his neighbor escape. 
 
 LBut now we take them in course. More than one rum. 
 
 Iseller in this place has told me, *' if you can entirely stop 
 
 Ithe traffic, 1 am glad of it; but if others sell, I will." 
 
 }We take them at their word, and the traffic here is sup. 
 
 [pressed, though all the leading influences of the place 
 
 were against us. Moreover, the law has done more lo 
 
 elevate public sentiment than any we have bad. It 
 
 proves that you may have a law which seems in advance 
 
 of the public conscience, and build up that conscience by 
 
 its means. This has been too much overlooked. ;« j^i;^ 
 
 \tmt lOt tnrj .nfei 
 '•■ff i^md m^&m 
 
 yuMXin -ainnJ 
 
 \'iiau 
 
 , 1 
 
 vwi^ft;. 
 
 
 1 1 
 I 
 
 .'!- .-I 
 
ll 
 
 1; 
 
 * * • ti 
 
 , 'Vf'i V '• "> 
 
 
 
 
 :;:»!! 
 
 i 
 
 
 . (£ 
 
 I i 
 
 Jti. 
 
 FROM PROF. MOSES STUART, OF ANDOVER. 
 
 •• People of Maine ! The God of Fleavcn blcis you for | 
 achievinfir eucli a victory. Many triumphs have been 
 nchieved in the ^ood cause, but none like yours. Others 
 have more or less fought with the drunkards, and the 
 liquor-flcllers in the way of argumonta and moral suasion, 
 nnd indirect and inefficient and temporising leprjslation. 
 You have followed the most adroit conqueror tiie world 
 has ever seen, in your scheme of policy, or struggle. You 
 have steered for the capital iteoif, with all its magazines, 
 and material of war ; and these once in your hands, you 
 know the contest cannot longcontinuo. Whence are the 
 arms and ammunition, and rations to come, when all 
 their deposits are seized. You have the unspeakable ad- 
 vantage of making war upon all the supplies of tear, and 
 not directly upon the men who take the field against you. 
 You combat with the body of sin and death itself, and not 
 with those who are deceived and misled. You do not 
 purpose to destroy those who are misled and drawn to 
 ruin, but to cripple and aimihilate the power that misleads] 
 them. It is an elevated and noble purpose. When 
 inighty conquerors, and crafty politicians will hd forgot- 
 ten, the laurel on your brows will be refreshing and bloom, 
 ing with a beauty and glory that will be immortal. * 
 «••*«»««•« 
 
 1 know well what liquor.dealers and distillers will sav. 
 They allege that their property is taken away, and their 
 means of living prohibited. Very well ; but what is your 
 property 7 It has been applied to procure means to cor- 
 rupt and destroy the community. Counterfeiters lay out 
 large sums to procure dies for stamping coins, and plates 
 for imitating the best bank bills. Are their establish. 
 ments to be protected ? The erectors of those dreadful 
 places (rightly called) Hells, expend very large sums, and 
 adorn them with magnificence. Must the community 
 respect this property 1 Even honest men erect a slaughter- 
 house, or a manufactory with noisome gasses issuing from 
 
APPENDIX. 
 
 35 
 
 the midst of a city or town ; ie this property to be 
 ter.ted 7 Men adulterate medicinef, and congrem riiee 
 to a man and forbids it, not only by legitlation, but by 
 ive inspecting officers. Arc they not in the right ? 
 t— are they consistent ? There are hundreds of thou- 
 dsof hogsheads of adulterated liquor, much of it con- 
 ning rank poisony over which they exercise no inspec. 
 n, and submit it to no examination. Is this a due pro- 
 tion of the ignorant and unsuspecting part of the com. 
 nity? Scores of thousands die every year, through 
 influence of these poisons. 
 
 nd have society no remedy against all this 7 Maine 
 s nobly said, They have. Shu has spoken with trum 
 It-tongue, that which eternal truth will sanction. Talk 
 property in the means of corrupting and destroying 
 community! Why then the robber's cave, and the 
 nterfeiter*s shop, where his expensive work is done, is 
 perty to be respected ! Even the innocent and indus- 
 us man, if he undertakes a businrss which poisons the 
 ,and endangers the life of the citizens, is at once com. 
 lied to relinquish his station. How can any man rightly 
 n tb'^.t as property, which sends forth pestilence and 
 lath through a whole community ? The plea for pro- 
 rty is idle. It is unworthy a mumenfs regard. 
 So long as legislatures pursued the criminal personally, 
 long they were sure to be met with false testimony to 
 een them, and abundance of sympathy with them bo. 
 use of their penalties. It took them longer than one 
 >uld imagine to find out and believe that drunkards, 
 d the makers of drunkards, will lie. The discovery is 
 lade at last. Maine has now laid its hand on that which 
 n tell no lies, and that with which no honest man can 
 mpathize. 
 
 Yes,— destroy it as you would a poisonous well, or a 
 
 ^eii i, or a tiger, without remorse, and without mercy. 
 
 Its id between the living and the dead, and stay the 
 
 lague. Say : Thus far hast thou come, with wasting 
 
 nd desolation in thy train, but not a step further shalt 
 
 hou advance. Nor is this all. Retreat forthwith — 
 
 bandon the ground, thou foul fiend, which thou hast 
 
 ccupied ; yea, make a speedy and final retreat. We 
 
 "ill bear thy presence no longer : and if thou delayest, 
 
 e will sweep thee away with the besom of destruction. 
 
 . * * * * * Give no more room 
 
 or timidity and skulking in this all important businen, 
 
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 • 90 
 
 APFEVDIX. 
 
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 The people shall send no man to the legislature for theij 
 who 1r a coward, or a heretic, here. Let all the exci 
 be taken away, and every man be brought to feel, that I 
 will never lay down arms, until the camp, and ihcve 
 citadel of the enemy, are takcnj and all his arsenals an 
 magazines blown sky.hioh. 
 ' May the shadow of Maine never be Icfb! Mayglj 
 live more than a thousand years, twice told ! This isi 
 toast for the Dirrigo Stafe^ drunk in pure cold water, bi| 
 more cheering than all that were ever drunk in winci 
 brandy.— Pro/. StuarVs letter to the Secretary of Ain\ 
 rictm Tmperance Union, 
 
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 liW RK-PBINTED BY J. C. BPXKET, MONTRFAL. 
 
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