The Chautauquan, Vol. 05, February 1885Chautauqua Literary and Scientific Circle
Philosophy
The Chautauquan, Vol. 05, February 1885
Chautauqua Literary and Scientific Circle
Chautauqua Institution -- Periodicals; Chautauqua Literary and Scientific Circle -- Periodicals
1. COMPETENCE OF LEGISLATIVE POWER.—There can be no doubt that the
legislative authority even of civilized governments has been frequently
misapplied. The most competent exponents of political economy agree that
the state has no business to meddle in such affairs as the fluctuation
of market prices, the rate of interest, the freedom of international
traffic. On more than one occasion European governments, having attempted
to regulate the price of bread-stuffs, etc., were taught the folly of
such interference by commercial dead-locks and the impossibility of
procuring the necessaries of life at the prescribed price, and were thus
compelled to remedy the mischief by repealing their enactments. Usury
laws tend to increase, instead of decreasing, the rate of interest, by
obliging the usurer to indemnify himself for the disadvantage of the
additional risk. The attempt to increase national revenues by enforcing
an artificial balance of trade has ever defeated its own object. It
is almost equally certain that compulsory charities do on the whole
more harm than good. On the other hand, there are no more undoubtedly
legitimate functions of government than the suppression, and the, if
possible, prevention, of crime, and the enforcement of health laws; and
it can be demonstrated by every rule of logic and equity that the liquor
traffic can be held amenable in both respects. The favorite argument
of our opponents is the distinction of crime and vice. For the latter,
they tell us, society has no remedy, except in as much as the natural
consequences (disease, destitution, etc.) are apt to recoil on the person
of the perpetrator; the evil of intemperance therefore is beyond the
reach of the law. We may fully concede the premises without admitting the
cogency of the conclusion. The suspected possession or private use of
intoxicating liquors would hardly justify the issue of a search warrant,
but the penalties of the law can with full justice be directed against
the manufacturer or vender who seeks gain by tempting his fellowmen to
indulge in a poison infallibly injurious in any quantity, and infallibly
tending to the development of a body and soul corrupting habit; they
may with equal justice be directed against the consumer, stupefied or
brutalized by the effects of that poison. The rumseller has no right
to plead the consent of his victim. The absence of violence or “malice
prepense,”[1] is a plea that would legalize some of the worst offenses
against society. The peddler of obscene literature poisons the souls
of our children without a shadow of ill-will against his individual
customer. The gambler, the lottery-shark, use no manner of force in the
pursuit of their prey. By what logic can we justify the interdiction of
their industry and condemn that of the liquor traffic? By the criterion
of comparative harmlessness? Have all the indecencies published since the
invention of printing occasioned the thousandth part of the misery caused
Public-domain text, read in full here on John Shaqi.
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