But, without dwelling upon supposititious cases, there are, in our own
day, gross usurpations upon the liberty of private life actually
practised, and still greater ones threatened with some expectation of
success, and opinions proposed which assert an unlimited right in the
public not only to prohibit by law everything which it thinks wrong, but
in order to get at what it thinks wrong, to prohibit any number of
things which it admits to be innocent.
Under the name of preventing intemperance, the people of one English
colony, and of nearly half the United States, have been interdicted by
law from making any use whatever of fermented drinks, except for medical
purposes: for prohibition of their sale is in fact, as it is intended to
be, prohibition of their use. And though the impracticability of
executing the law has caused its repeal in several of the States which
had adopted it, including the one from which it derives its name, an
attempt has notwithstanding been commenced, and is prosecuted with
considerable zeal by many of the professed philanthropists, to agitate
for a similar law in this country. The association, or "Alliance" as it
terms itself, which has been formed for this purpose, has acquired some
notoriety through the publicity given to a correspondence between its
Secretary and one of the very few English public men who hold that a
politician's opinions ought to be founded on principles. Lord Stanley's
share in this correspondence is calculated to strengthen the hopes
already built on him, by those who know how rare such qualities as are
manifested in some of his public appearances, unhappily are among those
who figure in political life. The organ of the Alliance, who would
"deeply deplore the recognition of any principle which could be wrested
to justify bigotry and persecution," undertakes to point out the "broad
and impassable barrier" which divides such principles from those of the
association. "All matters relating to thought, opinion, conscience,
appear to me," he says, "to be without the sphere of legislation; all
pertaining to social act, habit, relation, subject only to a
discretionary power vested in the State itself, and not in the
individual, to be within it." No mention is made of a third class,
different from either of these, viz. acts and habits which are not
social, but individual; although it is to this class, surely, that the
act of drinking fermented liquors belongs. Selling fermented liquors,
however, is trading, and trading is a social act. But the infringement
complained of is not on the liberty of the seller, but on that of the
buyer and consumer; since the State might just as well forbid him to
drink wine, as purposely make it impossible for him to obtain it. The
Secretary, however, says, "I claim, as a citizen, a right to legislate
whenever my social rights are invaded by the social act of another." And
now for the definition of these "social rights." "If anything invades my