DUKE UNIVERSITY LIBRARY ■# l; • m I t ' ' CONSTITUTIONAL PROHIBITION. Digitized by the Internet Archive in 2017 with funding from Duke University Libraries https ;//archive.org/details/constitutionalam01fost Constitutional Amendment N' MANUAL. CONTAINING ARGUMENT, APPEAL, PETITIONS, FORMS OF CONSTITUTION, CATECHISM AND GENERAL DIRECTIONS FOR ORGANIZED WORK FOR CONSTITUTIONAL PROHIBITION, J. ELLEN FOSTER, Superintendent of Department of Legislation of the Christian Temperance Union. k ’Oman's National “Statesmanship consists rather in removing the causes than in punishing or evading results.” — James A. Garfield. NEW YORK: National Temperance Society and Publication House, 58 READE STREET. 1882. COPYRIGHT, 1882, BY The National Temperance Society and Publication House. Edward O. Jenkins, Printer and Stereotyper, 20 North Williafft Street^ New Vorh. To my dear husband, at whose suggestion and earnest entreaty I begun my work in the study and practice of the law, 07i the pub- lic platforiJi a7td hi association with the Wo7nan's Christian Te77tpera7ice Unio7i, a7id whose hearty co-operatio7i aiid approval have been a consta7it source of e7icourage77ient aiid support ; a7id to my beloved so7is. Will, and E7nory, who, to the 77teasure of their opportunity, have shared the work, with its privations a7id its joys ; to these three, who 77ii7iister at our blessed ho7ne altar, do I dedicate these desires of 77iy heart, these thoughts of 77iy brain, with the prayer that always, as now, their shibboleth 7nay be for God, and Ho7ne, and Native Land. V INTRODUCTION. I DESIRE to render what assistance is in my power to temperance workers in the various States, who desire to join the movement for Constitutional Pro- hibition, with enforcing statutes in both State and Nation. 1 sincerely believe this to be the work ol this day and age. I thank God that He has given me life in this glorious time, to work while the days last in my purpose. To help you, kind friend, to work, is the object of this little pamphlet. Yours sincerely, J. Ellen Foster, Clinton, It^jua. f' •• .li* / ' -V; < I ^ * :^l ? ■ ■’i/- . .•-■ »? Constitutional Prohibition. The movement for Constitutional Prohibition, so general at this time throughout the entire country, winning as it does the approbation of philanthropists and the co-operation of Christians, also demands the calm study of all temperance workers. Those who lead in so glorious a struggle must understand fully the magnitude of the evil fought, its entrenchments in appetite and avarice, in social custom and unright- eous law ; thev must see the broad field of the entire war and understand the scope of the present cam- paign. Let it never be said of our hosts, “ they per- ished for lack of knowledge.” THE CAUSE AS IT NOW STANDS. Tne Amendment Campaign does not discuss the •simple question of total abstinence. A 11 temperance or- ganizations — except, perhaps, an occasional unimpor- tant one — stand upon this platform, but the claim for Constitutional Prohibition does not of necessity rest upon a recognition of the necessity of total absti- nence. The proposed prohibitory amendments to State Constitutions deal with the traffic in its rela- tion to the individual and society. Temperance organizations deal with the individual in his relation to society and the State. The case then may be en- titled. 10 Constitutional Proltibitio7i. THE PEOPLE versus THE LIQUOR CRIME. The people claim that prohibitory legislation is necessar}^ to material prosperity, is sanctioned by political economy, is sustained by enlightened juris- prudence, and is demanded by sound morality ; and further, they propose to incorporate the conclusion thus reached — after years of experience in the study and conflict of the forces that go to make up civil society — into the Constitution of the State. They consider this principle so vital that the}'' desire to place it beyond the tricks of politicians, the machinations of demagogues and the price of hire- lings. It is answered by the defendants, that the principle of prohibitory legislation is opposed to personal lib- erty, that it is a removal of the work of “ moral reform ” from the philanthropist and the Christian to the politician "and the jailor; that it will destroy large business interests, and throw many men out of employment, that it will not accomplish the desired end, but will, on the contrary, increase drunkenness, pauperism and crime. It is further claimed, that if the principle of prohibition were in itself correct, it ought not to be of constitutional law, but of statutory legislation only. In SUPPORT OF THE PEOPLE’S CLAIM we State, that so long as “ the love of money is the root of all evil,” so long will men argue that prohibitory liquor laws are opposed to the interests of any community, not that they are so opposed, but because the invest- ment of a little capital in manufacturing and selling brings such great returns, and because the large reve- Constitutional Prohibition. II nue to nation and State seem to the careless observer to be a real source of wealth. What are the sources of a nation’s wealth ? We answer. Land and labor. Political economists may classify otherwise ; they may speak of agriculture, trade, commerce, of mines, and fisheries, of railroads and steamships, but these all may come under the two broad divisions I have given, land and labor. The land is the gift of God— our beautiful prairies have been filling up through the centuries, each adding its accumulations to the last. The mines, those wondrous pockets of the earth, have been filled by no accident of nature, but are careful treasuries stored by the Father for his needy children. The trees in the forest, the fish in the sea, the cattle upon a thousand hills, these but wait man’s wish, they are his to possess. The subtle forces of nature ; steam, electricity, light, sound, the gases and the common air, come and go at call. It is his labor of hand or of brain that yokes them to his triumphal chariot. Whatever then increases the earth’s richness or aids in its development, whatever subjugates the forces of nature, whatever increases man’s power of brain to think, his skill of hand to expcute, his force of muscle to endure, this is a source of wealth. The farmer -who wins from the earth the golden harvest, the product of its richness, the glory of the sun, the freshening of the rain, and his honest toil, he is a source of wealth, he gives the people food. The lumberman who fells the forest tree, the miller who gives us a pile of boards, the carpenter who builds a house by so much as lumber is better than logs, and houses than lumber, by so much do they benefit society. The common laborer 12 Constitutional Prohibition. who plows in the field or digs in the mine, who catches fish from the sea, adds to the common welfare, and to the common comfort; the tradesman who brings to our door the manufactured article, of neces- sity or of luxury, these supply our need and give us joy. The educator, by his study of intellectual faculties and their training in the world’s work, is a source of wealth beyond compare ; the minister of God, who by the promised joys of Heaven and possible pains of Hell, induces men to lead upright lives ; he also increases the wealth of the body politic. Behold the world’s work-shop, its actual and possible sources of wealth ! Bringing the liquor traffic to tliis test, we find that it destroys the grain that ought to be used as food for man or beast, and lessens or wholly destroys the ability to labor with hand or brain. Baron Liebig, the German chemist, says : “ There is not as much nourishment in eight quarts of Bavarian beer as in the barley that might lie on the point of a table-knife.’’ The International Congress of ph3^sicians which met in Philadelphia in the year 1876, said, “ We find alcohol has no appre- ciable food value.” The essential value of grain tl^en being its food value, and this being destroyed b}' the distiller and the brewer, we are justified in saying that the grain is destro3’ed by the distiller and the brewer. But it does more than this, the product of this destruction, the manufactured article, injures man’s ability to labor, it actually weakens the mus- cles, and so deranges ph^^sical functions as to impair health and shorten human life. This is true, not only of the drunkard, but of the moderate drinker. Constitutional Prohibition. 13 Thus we conclude that the two sources of a nation’s wealth are lessened or destroyed by the liquor traffic, and thus national prosperity demands the ban- ishment of the liquor traffic. THE SANCTION OF POLITICAL ECONOMY. ' Having considered the liquor traffic in its relations to material prosperity, we have laid the foundation for the sanction of political economy, for political economy is merely a wise distribution of the nation’s resources. That intemperance is a most prolific source of pauperism, insanity, and crime need but be stated. The common observation of mankind and the testimony of society’s official guardians — the courts, the penal and the charitable institutions of the State-all agree in this. Does not wise political economy then as well as Christian philanthropy de- mand that the cause of this wanton profligacy, this outrageous waste of men and money be stopped? Surely he who denies this has not studied even the primer of political economy. But what of enlight- ened jurisprudence, and sound morals? Have they any voice in this decision ? Have they any demands or commands in this contest? PHILANTHROPY AND REVELATION. When we consider the liquor crime, from a moral standpoint, when we try its character and fruits by the light of philanthropy or of revelation, its con- demnation is sure and final. The destruction of health, of happiness, of the home, of the glory of manhood, the beauty of womanhood, the innocence 14 Constitutioytal Prohibition. of childhood, the blasting of individual character, the blighting of society relationships, and the poisoning of even the Church of God; all this catalogue of woes is set forth in letters burned into the earth’s greenness. And every voice unites in this sad chorus in minor tone, “ it’s wrong, it’s wrong.’’ That this traffic in alcoholic beverages is the source and universal ally of intemperance, all persons must admit. All the States of the Union have confessed THE NEED OF SOME LEGISLATIVE REMEDY. The law-making power in all civilized countries recognizing this evil, has attempted a suppression of the manufacture and sale of intoxicating liquors, or has sought by civil and criminal processes to cover the injury wrought or punish for the wrong done. These laws have been termed license, local option or prohibitory according as their provisions have dealt with the subject. The histoiy of these laws, their enactment and enforcement is a history of the battle between civilization and progress on the one hand and barbarism and usurpation on the otheii In the contest we behold an oligarchy ; 500,000 men engaged in the liquor traffic with their S3'mpa- thizers and supporters arraj^ed against all the forces, individual, civil, and moral that make for righteous- ness. Every State in the union in its present legis- lation concedes the necessity of some legislative remedy. The only difference of opinion among law- makers being, which is best in principle and in re- sults. I said the only difference of opinion among “ law-makers,’’ I should have said between statesmen, Constitutional Prohibition. 1 5 for law-makers are not always statesmen, and stat- utes are not always subjected to the test of right, principle and beneficial result, but too often to the touch-stone of political expediency and personal gain. But all these laws confess the need of some legis- lative intervention. THE OBJECT OF LEGISLATION. The object of legislation against the liquor traffic is twofold. On the side of the individual making it easy to do right and hard to do wrong, and on the side of societ}'’ warding off the actual and possible results of the liquor crime. The primary object of this legislation oyi the side ^ of the individual, is to protect the young from the allurements of the saloon ; such of them as are free from an entailed appetite, may never know its ter- rible power ; but they who bear even in infanc}’^ and childhood the woful verdict of nature’s violated laws, to these it becomes doubly the duty of the State to present the best possible social conditions for their speedy relief and final deliverance. Also, it is the ^ duty of the State to remove temptation from the in- ebriate, from the man who cries out “ Who shall de- liver me from the body of this death,” who would gladly abstain from the cause of his ruin, but who, with a raging appetite, with an enfeebled will, and with the tempter always at hand, is carried wildly on to his untimely grave. iVnd, too, the home, as the smallest community of individuals, needs protec- tion. Shall any voice attempt to echo the desola- tions of the home which are the direct and indirect results of this liquor crime? Are not our ears grown 1 6 Constitutional Prohibition. deaf with the sad strains of women worse than widowed, and children more than orphaned? Do not our hearts ache to breaking at the ever present sight of so much misery ? Has the State any duty to these ? THE PROTECTION OF SOCIETY. On the side of society there inheres in the very ex- istence of the body politic the right o f self-protection . Even as an individual may save his own life at the risk of other lives, and is protected by the law in so doing, so may societ}^ protect itself from the injury resultant upon the traffic in alcoholic beverages. The extent to which an individual may go in self- protection is determined by his apprehension of im- minent danger. Upon the trial of such a cause in a civil court, it is not necessary to show that there really was imminent danger to life and limb, but that the individual thought there was such danger. Thus with the State ; if the danger from this liquor crime is not great or imminent, the State may endeavor to suppress or regulate the traffic, by a judicious license law, while not attempting its entire overthrow. But if there be imminent danger to the life of the State, then the traffic ought to be wholly destroyed which can only be done by ENTIRE LEGAL PROHIBITION. The same rule applies to the State as to the indi- vidual. The term “ body politic ” is not an idle phrase for rhetorical effect. It is truthful and. significant. That which in the individual is called the instinct of self-preservation, when considered as existing or be- Constitutional Prohibition. 17 ing exercised by the State, is termed the “ police power” of the State. It is exercised in many ways of which quarantine laws, sanitary regulations, and dog ordinances are familiar illustrations. The au- thority that inspects buildings as to their mechanical and architectual safety, that smells about sewers and condemns defective drainage, that removes and de- stroys diseased meats, decaying vegetables, sour berries, that same power may, if it choose, condemn and destroy sour mash and rotten barley. The au- thority that prohibits the sale of fire-crackers may prohibit the sale of fire-water. Prohibitory legisla- tion merely seeks to do with intemperance what other penal statutes do toward the evils with which the}' deal. Human law can never eradicate the sin of the human heart, it can never wholly cure the vices of society, but it can largely suppress crime. In the language of Gladstone, “ It can make it hard to do wrong and easy to do right.” This is the scope of prohibitory legislation. THE CONSTITUTIONALITY OF PROHIBITORY LAWS. The Supreme Court of the United States is recog- nized authority, its decisions are final. With surprising unanimity has decision after de- cision been given, ail assuming the constitutionality of the restrictive and prohibitory laws of the various States. Not only so, but the text-books of study, the commentaries on the science of civil law, every where set forth this inherent State Right. The relation of the States to the General Government, the constitu- tional limitations of each, is a most interesting study l8 Constitutional Prohibition. to even summarize which would require more time than this paper allows. I content myself with giving' the quotation from authorities which have become as familiar as nursery rhymes to the student of the legal phases of this question. They are often quoted in temperance addresses, and are given in all treatises that claim to be in any degree comprehensive. Here let me interpolate a story that is told of a youth who had begun the study of law. After a few days he came to something he did not understand, and de- clared he did not agree with Mr. Blackstone. That was years ago, and Blackstone’s judicial ermine is still the pride of all English-speaking lands. The brewer, the saloon-keeper, the drinker, may talk about an interference with his personal liberty, but the law utters its injunctions all unconscious of his groundless protest. ‘ Let a man,’ says 'Blackstone, ‘ be ever so abandoned in his principles, or vicious in his practice, provided he keeps his wickedness to himself, and does not offend against the rules of public decency, he is out of reach of human laws. But if he makes his vices public, though they be such as seem principally to affect himself (as drunkenness, or the like), they then be- come, by the bad example they set, of pernicious effect to so- ciety ; and, therefore, it is then the business of human laws to correct them ’ (I 124). “ ‘ The Government may, by general regulations, interdict such uses of property as would create nuisances, and become dangerous to the lives or health, or peace, or comfort of citizens. Unwholesome trades, slaughter-houses, operations offensive to the senses, the deposite of powder, the building with com- bustible materials, and the burial of the dead may be inter- dicted by law, in the midst of dense masses of population, on the general and rational principle that every person ought to use his property as not to injure his neighbors, and that private Constitutional Prohibition. 19 interest must be made subservient to the general interest of the community’ (2 Kent, 345). In pursuance of this judicial authority, and in ans- wer to the demands of society, groaning under the load of evils resultant upon the manufacture and sale of intoxicating liquors, the States have passed pro- hibitory and restrictive laws; adjudicated cases aris- ing under these various laws are numerous. In the fifth volume of “ Howard’s Reports” (being reports of cases tried before the Supreme Court of the United States), these are grouped for convenient references, and are called “license cases.” Hear this from Justice Grier: “ 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, incompetent 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, and if a loss of revenue should occur to the United States from a dimin- ished consumption of ardent spirits she will be a gainer a thou- sand fold in the health, wealth, and happiness of her people.” And this from Chief-Justice Taney : “ And if arty States decree 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 and restrain- ing the traffic, or from prohibiting it altogether, if it thinks proper. Of the wisdom of this policy it is not my purpose or province to speak. Upon that subject each State must decide for itself. I speak only of the restrictions which the Consti- tution and laws of the United States have imposed upon the States.” After such legal authority and grave judicial opin- 20 Constitutional Prohibition. ion, the pusillanimous attempts of small lawyers and ward politicians to attack prohibitory legislation from a legal standpoint, command our pity and deserve our contempt. Both of these sentiments should, how- ever, be restrained, for we are all weak somewhere, on some side, and we must give the charity we ask. These opinions clearly show that there is no force in the sometimes intended reproach, that these tem- perance people are impracticable, that they may have standing in moral principle, but not in law, that they are well-meaning people, but they do not understand all the legal principles involved. We answer, that we consider our standing in morals immovable ; we believe there are no foundations so sure as those of God’s expressed will. From this “strong tower” can we make our battle, but if our enemies call us forth, if they pitch their tents on the plains of civil jurisprudence, we will meet them there, and on their chosen field, and with their selected weapons, will we vanquish them. THE SANCTION OF GOD’S LAW. Underneath the tower of God’s revealed will is His eternal truth. This strong foundation underlies all permanent systems of human jurisprudence, and among the rubbish of human laws, among the civil instftutions that have asked a place in the world’s re- cognition, none have endured in blessings to the human race but such as are built upon this truth. The announcement of Revelation, “ He that sin- neth against me wrongeth his own soul,” “All they that hate me love death,” “ The soul that sinneth it shall die,” “ Woe to him that buildeth a town with Constitutional Prohibition. 21 blood, that establisheth a city with iniquity,” “ Woe to them that call evil good and good evil, that justify the wicked for a reward, and take away the righteous- ness of the righteous from him.” These are not arbitrary commands, not cruel fiats of sovereignty; they are the voice of infinite wisdom and love, reveal- ing a condition of things pre-existant and external. This condition of things the common observation of mankind and the voice of history confirm. How heart-breaking is the thought that so many indi- viduals, and in so many instances nations will try the experiment of an utter disregard of these truths, a violation of these conditions. May we not in some sense understand the wail of the royal Psalmist. “ My people would not hearken to my voice and Israel would none of me, so I gave them up unto their own hearts’ lusts, and they walked in their own counsels. O that my people had hearkened unto me and walked in my ways; I should soon have subdued their ene- mies, and turned my hand against their adversaries.” Can we not also catch a glimpse of the anguish of the world’s Redeemer, when He cried with tender pathos, in which is blended infinite wisdom and un- utterable love : “ Father, forgive them, for they know not what they do.” Has it seemed unnecessary to support our demand for prohibitory legislation in this new movement for Constitutional Prohibition? A little consideration will show that the same principles are involved in this new movement, as in the claim set up by the grand old prohibitionists of more than a quarter of a century ago. The only new question involved is this : 22 Constitutional Prohibition. IS r'^OHIBITION THE PROPER SUBJECT OF CONSTITU- TIONAL LAW? We answer, in simple language: Because this is a government of the people, by the people, and for the people, and the Constitution is the expression of their will in government, and because they desire to do so. Let us review some of the lessons learned when we '-('ere boys and girls at school. The constitution of a State is the agreement and arrangement of the people in the State as to mutual rights and obliga- tions, it is a setting forth of the principles by which they desire to be governed and a division and defin- ition of the functions of the legislative, the judicial, and the executive departments of the government. Our form of government is not a pure Democracy. This would be practically impossible in States so populous as are those of the United States. All the people could not meet together in a common place to consider common subjects of legislation. There is no place large enpugh to hold the people. They could not all be heard, even if they should thus as- semble, and the time and trouble of coming together would be very great. Further than this, all the peo- ple do not know about everything ; the details of civil affairs and the minutiae of the administration of gov- ernmental principles are an elaborate stud}'. All the people can not take time, neither have they the qual- ifications requisite to do this. So they say, “ We will set forth in a document called a constitution, a few great principles and a few regulations, and we will elect certain men from our number who shall give Constittitional Prohibition. 23 the application of these principles and the finer de- tails of governmental affairs their closest study and their most careful attention. We will call these men our Senators and Representatives, and they shall go every one or two years to the State capital, and devote their time and thoughts to this duty. There are always men ready to go ! They are so self-sacrificing ! so unselfish ! so willing to devote themselves to the public good. The regulations made in detail by these representatives of the people are called statutes. They are supposed to embody the letter and spirit of the Constitution. Indeed, no statute has any right to be, unless it guard a right or give redress for wrong either expressed or implied in the Constitution. The constitution limits by its provisions the power of the Legislature ; beyond it legislators can not go, within its limitations their power is absolute. If at any time a Legislature should ignorantly or viciously pass a statute, not in harmony with the Constitution, the judiciary — a department of the government created and defined by the Constitution — would declare it null and void, because unconstitutional. It is the duty of the executive, from the governor down to the least policeman, to enforce the people’s will thus expressed and elaborated. How beautifully do these functions of government operate within the limit of the Constitution. Constitutional provisions are broad and general ; they are such as may touch all the people of the State, and such as are deemed by the people of supreme and vital importance to the State. They relate to such subjects as the people are unwilling to leave to the uncertain and fluctuat- ing influences of Legislatures under the possible con- 24 Constitutional Prohibition. trol of partisan interests. Judged by this test is not the prohibition of the manufacture and sale of intox- icating liquors the proper subject of constitutional law ? Are not the evils of intemperance broad and general, do not they threaten all our people every- where, is any home safe, is an}^ mother’s boy out of range of the shot and shell of the enemy? Further, is not the material loss to the State and the violation of every right principle of political economy a suffi- cient justification for the most emphatic and perma- nent expression of the people’s will concerning the traffic that thus endangers the home and the State ; and further yet, does not the history of legislation in State and nation teach us that the interests of tem- perance are not safe in the hands of the people’s rep- resentatives, but should be guarded by the direct, the most dignified and authoritative voice of the people themselves, even in their constitutional law ? CONSTITUTIONAL LAW NON-PARTISAN. The existence of political parties is conceded in a popular government. The ostensible end of all po- litical organization is to set in motion such machinery as shall secure the election of such men to offices of public trust as will carry on the government accord- ing to the letter and spirit of the Constitution. The differences of political belief grow out of differing interpretations of the spirit of the Constitution. No political party dare set itself in opposition to the Con- stitution, and yet expect to secure the support of the people, unless it claims that the Constitution does not rightly give the will of the people and thus ought to be changed and set itself at work to ask the people ConstiUltional Prohibition. 25 if they do desire a change. But when the people by a constitutional majority have said, “ This is our will,” that is the supreme law of politicians, and all parties must support the principle or rule of action thus laid down. Thus constitutional prohibition is non-partisan and compels enforcing legislation. No legislator need ever be petitioned to enforce the pro- visions of the Constitution ; it is his own sworn duty to do it. Not so with statutes; these are born in his own brain, in his own understanding of the needs of the people under the Constitution. And if, the Constitu- tion being silent on the subject, he says “ I do not believe a prohibitory .statute is demanded by the spirit of the Constitution,” who shall dare say he has violated his oath? There is no accounting for the convolutions of people’s brains, and since we alf live in glass houses, we had better not throw stones. THE RELATION OF GREAT CITIES. It must have appeared to even the careless observer of American institutions that the greatest problem of our political economy is the government of great cities and their relation to the entire body politic. And in this problem, the caucus, the primary, and the saloon are the chief factors. I might have said the saloon as inclusive of the caucus and the primary, for, too often are the early germs of political society grown in the fetid atmosphere of these malarious swamps. The criminal classes in our great cities guzzling the slops drained from these cesspools, fol- low with eager rush the demagogues who carry the buckets. These demagogues, greedy for the spoils 26 Constitutional Prohibition. of office, elevated by such means to positions of legis- lative power, will not, of course, make laws repug- nant to the people who “ voted them in,” and be- cause these low and vicious people, actuated by stubborn, stupid sensuality, are so easily controlled to secure their own supposed interests, and because the honest voters of the smaller towns and the rural districts areso slow to wake up to any sense of indi- vidual responsibility, and thus as good men do not combine, and bad men do conspire, the cities possess a greater influence in politics than their numerical strength demands, and our statute books are often disgraced with legislation that does not fairly repre- sent the sentiment of the great people. But in a vote on the Constitution, no one individual is voted in or voted out. The saloon stands on its own merits. The question is one of principles and not of persons. Thus, with no confederates in its interest, with no collateral to fall back upon, its shameful abomina- tions appearing in their own hideous deformity, the system falls under the condemnation of an enlight- ened civilization,-and must be buried along with other slain barbarisms. AGITATION EDUCATES. It can not be doubted that the development of a sense of personal independence among the citizens of a free State may, and ought to lead to a resultant sense of individual responsibilitjq that it does so tend, among conscientious, thinking persons, is quite plain to the student of histor}^ But it is equally apparent that there is a tendency among the masses of our rushing populations of to-day to revel in the supposed Constitutional Prohibition. 27 blessings of liberty, and to disregard the consequent responsibility to the established order of civil society known as law ; indeed, they regard law and liberty as though the case stood “ law versus liberty.” This is illustrated in the perversion of the system of trial by jury, a S3^stem originally set up as a defense against kingly power and arrogant tyranny, but which, under a popular form of government, has often seemed to serve best the criminal in his escape from the just penalties of the law, and thus to frus- trate the very ends sought by all righteous law. So bewildered does the mind become in this study of the tendencies and possible results of popular gov- ernments, that we sometimes cry out, “Give us a king to reign over us ; ” but there echo down to us through the years the words of the prophet, “ The Lord is our Judge, the Lord is our Lawgiver, the Lord is our King, He will save us.” How shall the voice of the people be the voice of God unless the whole people are brought very often to consider great moral questions in their relation to social, and even commercial relationships. In the ordinary round of political elections, where personal and party inter- ests are often dominant, and the spoils of office follow close upon political success, the weal or woe of the people is — to put it mildly — sometimes so obscured that the act of sovereignty affords little opportunity for the exercise of that self-determined will that is the result of moral personality, which moral personality is born of God. Thus comes a lowering in legal standards, and consequent demoralization in society. How beautifully does the consideration of the ques- tion of constitutional prohibition, by the people of a 28 Constitutional Prohibition. great commonwealth, act as a conserv’ator of this moral personality. Every man votes directly for himself; he can not divide his responsibility with the will or wisdom of his representative ; neither is the question involved with others of equal or lesser im- portance. It is not dimmed by the perspective of expediency, or shaded by the veil of partisanship. In the panorama of the nation’s life, it stands out bold and strong. Behind it are the mounts of Sinai and of the Beatitudes, one ablaze with the “ thou shalt ” and “ thou shalt not,” the other green and beautiful with the words that fell on listening multitudes, “ Blessed, blessed, blessed.” In the foreground are the multitude of the world-groaning toilers, honest laborers, burdened tax-payers, oppressed women and children, and poor drunkards, the most of all to be pitied. With such a picture before the eyes of every sovereign voter of the State, a picture framed in the call for immediate action, there can hardly fail to be realized a grander, purer citizenship, and thus a system of law in har- mony with that of the great Law-giver, the great Judge, the great King. The movement for constitu- tional prohibition, extending in the various States, and at last to the organic law of the United States, shall mark a gigantic stride toward the establishment of that grand Theocracy of which the prophet spoke. CONSTITUTIONAL TRECEDENTS. Let US stud}^ the proposed prohibitory amendment in the light of existing provisions in State Constitu- tions. I have chosen to consider the Constitutions ol Massachusetts and of Iowa ; they are at this time Constitutional Prohibition. 29 more convenient of reference, and, too, I may be par- doned if I indulge a personal preference for the State in which I was born, and for that one which is my adopt- ed home. It is sometimes argued that this is a moral question, and thus has no place in the Constitution ; but these States both recognize God as the supreme ruler of the universe, and the dependence of the State upon Him. They sing their grand Te Deura before they begin their Gloria Patria. Again, that we seek to overturn long-established usages of society, and to put the opinions of fanatics into constitutional law. To which we reply, Yes, that is just what we have started out to do, and, God helping us, we will never cease our efforts till all long-established usages that are contrary to the eternal principles of right are overturned, or till, as the Psalmist has it “ the way ol the wicked is turned upside down.” The “ Bill of Rights ” of every State is a catalogue of “ overturned usages,’ it is a cemetery where stand marble monu- ments over the graves of buried wrongs, and these graves were dug by fanatics. Do you see this com- pany ? Look as I call their names : “ All men are by nature free and equal.” Who dug that grave ? The plebeians of Rome, the Switzers of the mountain, Joan of Arc, the Maid of Orleans — the barons on the meadow at Runny Mede — the pilgrims on the stormy sea and on the rock-bound coast ; yes, every man, evenwhere feeling in his breast his divine origin and his eternal destiny, and to whose ear has come the sound of these words of the Son of God, “ All ye are brethren”; these all have helped to dig the grave, but to America was left the sacred task of setting up the stone, and engraving the tablet : again, “ Govern- 30 Constitutional Prohibition. ment is instituted for the common good, for the pro- tection, safety, prosperity, and happiness of the peo- ple, and not for the profit, honor, or private interest of any one man, family, or class of men. Therefore, the people alone have an incontestable, unalienable, and indefeisable right to institute government, and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness re- quire it.” This grand sentiment uttered b}^ the de- scendants of the men of Lexington and Bunker Hill is familiar to every schoolboy to-day. It was once a wild fanaticism, indeed quite a fanaticism among the despotisms of the old world now. Ask Alexander III. of Russia, who sat so long a prisoner in his cas- tle, who, though the autocrat of all the Ru-ssias, dared not go to Moscow for his coronation, lest his triumphal chariot prove his catafalque — ask Eng- land, who mourns in shame the defeat of its rule in Ireland, and in grief sits at the tomb of its assassi- nated representatives, the wisdom of its proud states- men anxious but unable to deal out justice with a certain hand— ask Plymouth Rock — ask all these— if it would not have been better if the crowned heads of earth had sooner learned this fanaticism, that whether acknowledged or not, all political power does inhere in the people, and they have the right to alter and reform the government when the public good demands it. This movement for constitutional prohibition is in harmony with this very truth. The people consider the public good demands that the government be altered and reformed. So 3'ou see our constitutional amendment is quite constitu- tional. Again : Constitutional Prohibition. 31 DUELLING. “ Any citizen of this State who may hereafter be engaged either directly or indirectly in a duel, either as principal or accessory before the fact, shall forever be disqualified from holding any office under the Constitution and laws of the State.” A while ago I saw the old duelling ground just outside the City of Washington, where Members of Congress used to go and square off at one another, for real or supposed wrong. I remember the illus- trious men that had fought duels there, and also that Henry Clay, that proudest of American statesmen, once fought a duel. If he lived in Iowa to-day he could not be constable, so says our Constitution. Again : LIBERTY OF SPEECH AND PRESS. Rise, brave of every time who have dared to write and speak for wronged humanity. Here lie your foes ! TRIAL BY JURY. Remember the Magna Charter, King John, and Runnymede. IMPRISONMENT FOR DEBT. “No person shall be imprisoned for debt in any civil action or final process unless in case of fraud.” The hardships of the old system are known to every student of law. Whittier describes the old man dy- ing behind prison bars, and asks, what evil hath he done? The answer comes, “ God made the old man poor.” But not now can such outrages be com- mitted. So also with 32 Constitutional ProJiibitio7i. AFRICAN SLAVERY, a crime in which both North and South were partners. The South raised the cotton and the North bought it. The plantations and the factories together wrought the fruit of that which grew in tears and blood ! But now behold the change, and these are the words upon the stone that marks the grave where lie the manacles and whips and chains of years ago : “ There shall be no slavery in this State, nor shall there be in- voluntary servitude, unless for punishment of crime.” How did it come ? Through the agitation of fa- natics, and the legislation of enthusiasts, and the bat- tles of warriors, and graves of boys in blue and boys in gray, and the proclamation of Lincoln, the emanci- pator! And after all these, then what? Then this crystal of truth was set in the frame-work of both State and National constitutional law. Don’t 3-ou see how Constitutions grow ? The history" of our civilization is written in our Constitutions. And now we approach the matter directly before us. The temperance reform has been under wa}" in this country for three-quarters of a century. It has passed many stages. Various remedies have been applied — moderation, total abstinence inculcated by Father Mathew and the Washingtonian methods. Sons of Temperance, Good Templars, Woman’s Christian Temperance Union, reform clubs, and man^^ other organizations. We have tried license laws, local op- tion laws, tax laws, and prohibitory laws — and now, what? The people, educated b}' the successes and the failures of the past — confident of the righteous- ness of that decision, and conscious that this oppor- tunity gives tremendous responsibility, shall bury Constitutional Prohibition. 33 beyond hope of resurrection the liquor criminal, and set up over the grave a stone bearing this inscrip- tion : “Here lies the alcoholic liquor traffic.” Let us not fear the stigma of fanaticism. Every generation builds monuments over the graves of the fanatics of the last. There are names, now cast out as odious and laughed at as synonyms of foolish enthusiasm, that shall shine in letters of light on the pages of history when the names of their scoffers shall be buried in the mud-colors of dead oblivion. God save the State ! An argument for State constitutional prohibition would be incomplete without a setting forth of THE RELATION OF THE GENERAL GOVERNMENT TO THE LIQUOR CRIME, and the needed reformation there. It must always be remembered that ours is a dual form of govern- ment, that the States were first; the General Gov- ernment is their creature. They possess original sovereignty — the General Government only derives powers. The object of this dualism is set forth in the Preamble to the Federal Constitution : “ We, the people of the United States, in order to form a more perfect union, establish jtistice, insure domestic tranquillity , provide for the common defense, promote the general welfare, and secure the blessings of liberty to our- selves and our posterity, do ordain a7id establish this Con- stitution of the United States of A^nerical'' The traffic in alcoholic beverages breeds disunion, overthrows justice, creates domestic strife, weakens the common defense, and fastens the chain of an ig- noble slavery upon ourselves and our posterity. It 34 Constitutional Prohibition. will thus be seen that this liquor criminal is a greater foe to national prosperity, as set forth in these im- mortal words, than was British tyranny or African slavery. These touched society as a whole; they bore down upon its material prosperity and circum- scribed its possible development ; they fastened fet- ters upon the bodies of men and women for no other crimes than the color of the skin and texture of the hair. Intemperance destroys the body, poisons the blood, rots the tissues, weakens the muscle, un- steadies the nerve, frenzies the brain, enervates intellectual vigor, dims mental vision, dulls spiritual sense, dethrones the will, and sears the conscience. It makes of the citizen an alien, yof the freeman a slave, and intemperance is the fruit of the liquor traf- fic. It always bears this fruit. In this vale of tears, in this swamp of desolation, in this place of death, there are no barren years. Is the liquor traffic in harmony with the spirit of the Constitution? To state the question is to answer it. And to do violence to the spirit of the organic law of the nation is to divide a house against itself. The stud}^ of State and national powers, and the limitations of each is most interesting. A merely cursory view will serve our present purpose. Except in the exercise of such derived powers as the States surrendered to the gen- eral government for the purposes set forth as above, the .States are within themselves as absolutely sov- ereign as the independent nations of Europe, and yet so proximate geographical!)', so similar as to race and religion, so one in common economies, so bound together by iron thoroughfares, and electri- fied with the same great throbs of the world’s work, Constitutional Prohibition. 35 that a common spirit must pervade them all. The Constitutions and Statutes of the States differ widely, but the spirit of these Constitutions and these Stat- utes must be the same. So also the spirit of the legislation of the General Government, must be in harmony with the spirit of State legislation. Among the derived powers of the General Government which are enumerated in the Constitution, is the right “ to lay and collect taxes, duties, imports, and excises, to pay the debts and provide for the common defense.” Under this power, Congress, has passed INTERNAL REVENUE LAWS, the theory of such legislation being that such taxation upon the thing was milder in its operation and more general in the burden borne, than a direct tax upon the citizen would be. These internal revenue laws have been and still are the subject of much contro- versy among political economists ; the subject of their constitutionality and general expediency is not called in question here, neither the abstract question as to the loss to the State and to the nation from the traffic as far outweighing any revenue from it, either by way of tax or license. I simply desire to show what the nation now does, what it might do, and what ought to be done. Congress by its revenue laws does not empower the manufacturer or dealer in alcoholic beverages to carry on his work, it does not say, “ If you pay a certain sum to the Government as revenue, you may do a certain thing.” It says, “ If the State allows you to engage in this business, you must pay a cer- tain sum as revenue." Thus the manufacturer or 36 Constitutional Prohibition. dealer pays the sum required, and receives his special tax receipt (sometimes improperly called United States License). This tax receipt does not protect him from State law ; it is as any other receipt, his protection against a second assessment for the same time and thing. Thus any State can deal as it chooses with the traffic, without any reference to the regula- tions of the General Government. In legal phrase- 'the commercial power of the Gen- eral Government must yield to the police power of the State, and this is always true in all conflicts of laws. Is it claimed that with limits so definitely drawn, there need be no conflict between national and State laws ? We answer, there need be none as to the letter, for Supreme Court decisions have dispelled every mist of interpretation, but the spirit of a law, of a con- tract is sometimes outraged while the letter remains inviolate. Let us see ! In every State in the Union this traffic in alcoholic beverages is under bonds to keep the peace ; in some of the States it is outlawed, but everywhere, wherever the criminal hides, in every place where he seeks to carry on a piratical cruise in the peaceful harbors of our quiet homes, there the officers of the General Government wait to divide with him the spoils of prey. Maine lor years has stood strong and grand as her pines, she has fought this outlaw step by step, and among her chief obstacles has been the recognition of the traffic by the United States Government. Kansas and Iowa, whose liberty-loving citizens have brought in a verdict of banishment to the criminal, these States find Constitutional Prohibition. 37 “THE GENERAL GOVERNMENT PARTICEPS CRIMINIS THROUGH HER APPOINTED REPRESENTATIVES.” Is this right? Is not our house divided against it- self? Is not the spirit of harmony in our govern- mental dualism wofully violated ? We sing : “The Union forever, Hurrah, boys, hurrah,” but “ by their fruits ye shall know them.” Such a system of laws tends to disintegration, and not to Union. We said in the old slavery days, the nation can not live half free and half slave, and do not the graves of boys in blue and boys in grey bear mourn- ful testimony? Neither can a nation live half drunk and half sober, neither can peace in the nation be the fruit of conflict of laws. What remedy do I propose ? THE REPEAL OF ALL REVENUE LAWS TOUCHING THE TRAFFIC. What ! Let the accursed traffic go free, unburdened of a tax? Yes, I would. The levying of a tax gives the traffic dignity, it classes it with the indus- tries of the nation, when, in fact, it is a pirate preying upon every industry. A member of the National Distillers’ Association said in Washington last winter, we would like the tax lowered, we do not desire it removed, it gives us a “legal status.” Oh, yes, and that “ legal status ” is just what, God helping us, we will destroy. Is it not the price of blood ? Have we not heard the woe of Revelation upon him “ that buildeth a town with blood, that establisheth a city with iniquity ? ” 38 ConstitJitional Prohibitioti. Let it be noticed here that the spirit of a tax-law and the spirit of a license-law are not the same spirit. The practical effect is very much the same. A license-law says — in spirit — the evil of intem- perance is abroad in the State, it is the direct result of the traffic in alcoholic beverages. In order to re- strict the sale of these beverages and thus lessen the evil, he will oblige the dealer to put himself under certain limitations, he must be a man of “good moral character,” (what of the standard of those not thus certified to ?) he must not sell on certain days and to certain persons, he must conform the furnishing of his apartments to certain rules and regulations, he must pay annually a certain sum of money into the State Treasury, and be responsible for the payment of suf- ficient damages should any evil results come of his business. All these restrictions and limitations brand his business as disreputable, the}' do not make it respectable, as is sometimes claimed. But a tax- law has no conscience in it. It says with no refer- ence to the resultant evil, “ If you sell, you must pay, and the more you sell the better for the public treasurv, for thus the greater will the revenue be.” In dye-stuff there is sometimes a shading in blacks; on this theory a tax-law is a little blacker black than a license-law. Congress also has exclusive legislative control in the District of Columbia; and the city of Washing-' ton has to-day saloons on every hand, and under the dome of the capitol are alcoholic beverages sold. And this is the very summit of our nation’s great- ness, and those who authorize it are our chiefest men. Why must the glory of this free age be tar- Constitutional Prohibition. 39 nished with the barbarism of the last? Thank God, the shining- light reveals the dust, and, seeing it, we know the sun shines ! The men who to-day serve the nation at her capitol, are such as any country on earth might be proud of, and they must in respect for their own manhood, cleanse this temple of our liberties from the buyers and the sellers^ of liquid poison. In the territories also does this traffic exist, and away off in the West, where the timbers of a new civilization are being laid, are found the rotten planks of this barbarism ; but of these we have great hope. Dakota, already knocking for admission as a State, has declared in favor of prohibition in her Con- stitution. All hail to the State pure and clean from its birth ! To sum up the whole matter of the relation of the General Government to the traffic Congress is deeply implicated. It might repeal all revenue laws con- cerning the traffic, it might banish it from the Dis- trict of Columbia and the Territories, it might ap- point the COMMISSION OF INQUIRY into the Alcoholic Liquor Traffic, so long asked for by the National Temperance Society, and then with its hands clean from any taking of bribes, and the States meanwhile having more effectually battled with the traffic within their borders, they would have so destroyed their common enemy in so many of his strongholds, that weakened and dispirited and driven into the last ditch of resistance, three-quarters of the States concurring with the Constitution of the United States, might be amended, forever prohibiting the importation, manufacture, and sale of alcoholic bev- 40 Constitutional Prohibition. erages in any spot over which the flag floats, and thus the voice of the people being the voice of God, our redeemed land shall rejoice in the fulfilled promise, “ Righteousness exalteth a nation.” Does not the heart swell at the thought? O flag of my country,- worthy then to wrap the foot of the blessed Cross of Jesus ! “ Ring, bells in unreared steeples. The joy of unborn peoples ; Shout, trumpets far off blown. Your triumph is my own.” But sta}’’ ; how long must the blight continue? Does the tired worker cry out, “ When shall all these things be,’’ and what shall be the sign when all these things shall be fulfilled ? The Hon. Henry W. Blair, Senator from New Hampshire, in his great speech delivered at Washington, December, 1876, has set the alarm for a.d. 1900, even the morn of a new century. What a grand conception, and do you not see the signs of its coming? Education, agitation, leg- islation, the thunders of Sinai, and the pleadings of Calvary, statesmen thinking, politicians trembling, saloons tottering, children singing, women praying! These are the signs, and the day shall surely come. “ I feel the world move sunward, I join the great march onward. And take by faith while living My freehold of thanksgiving.” “ He that is first in his own cause seemeth just, but his neiofhbor cometh and searcheth him.” Having set forth our claim for constitutional prohi- bition, we wait for the Constitutional Prohibition. 41 defendant’s answer. His objections must be considered, and conscien- tiously answered. . It is claimed that the whole temperance question is one of morals, and thus ought never to be “ taken into politics.” The question of personal temperance surely is one of morals, for it is a Christian grace, ranked by the apostle with “ love, joy, meekness,” but prohibitory laws do not deal with the drinker, they attack the seller; the State does not protect a man from hhnself, it protects him from his neighbor. The law seeks to make it hard for him to do wrong and easy to do right. It does not compel him to do right ; it can not do that. But the law protects so- ciety from the man who, resisting the appeals of phi- lanthropy and the warnings of Christianity, will pur- sue his own wicked gain and selhsh pleasure to the discomfort and loss of society. The legal prohibi- tion of the liquor traffic is a political question, made such by those engaged in the traffic, who claim pro- tection from the law. It must be met on the ground of th^r own choosing, which is clearly in the domain of politics. Again, and closely allied to' ‘this, is the pusillanimous wail. It is an invasion of personal liberty. The very idea of government implies certain limita- tions and restrictions. The end of government being “ protection ” in its broadest sense, it im.plies the per- fect elaboration of the golden rule, being the greatest good to the greatest number. It being clearly shown that the liquor traffic is the source of a large propor- tion of the crimes of society, and these crimes being trespasses upon rights, which rights it is the very business of the law to protect, it follows that the 42 Constitutional Prohibition. liquor traffic must be put away, even at the risk of some personal inconvenience to the drinker. The greatest good to the greatest number demands it. As well might the murderer, with gleaming knife or deadly poison, cry liberty ! as these murderers by slower torture to claim protection from our beautiful goddess ; not thus have we learned the meaning of her charmed name. Again, it is claimed it will “ IMPOVERISH THE STATE ” by a withdrawal of the revenue from license and taxation. This is a penny-wise and pound-fool- ish objection, and needs but this answer : The income from these sources does not equal the outgo, caused by the pauperism, insanity, and crime which are the direct result of the traffic. Again, that there are large numbers of men en- gaged in the business who will be “ THROWN OUT OF EMPLOYMENT,” and that they have families dependent upon them for support. Yes, we know there are about five l^undred thousand men in the business in the countr3L The population of the countr}^ is over fifty millions, and this 500,000 is a very small oligarchy to demand that their interests shall be guarded at the expense of all the woe and anguish attendant upon their busi- ness. If they were good citizens, if their business were an honorable one, it would be jealously guarded by the exercise of ever}' governmental power; even as it is, the individual rights of the men in the traffic are defended b)' the administration of the courts and the extreme exercise of executive prerogatives. But Constitutiojial Prohibition. 43 to claim that because of individual inconvenience or even suffering to these 500,000 and their dependents, the greater number of sufferers by the traffic — many of them innocent victims— must endure on and find no protection, this plea can have no standing in any court of equity. It would be ludicrous, if the subject were not so sadly solemn. The greatest good to the greatest number demands that these 500,000 shall be thrown out of employment, that their many vic- tims may again be in employment, and their wives and children given food and raiment and shelter. Not only this, but the increased demand for food, the comforts and even luxuries of life would soon in- crease the demand for every grade of labor from that of the coarse laborer to that of the skilled arti- san. Then would there be no cry of over-produc- tion, or any fear of the competition of cheap labor. There is no stronger claim from any standpoint of materialities than this one in behalf of labor. Again : The “ PRICE OF GRAIN WILL BE LOWERED ” by shutting off the demand of the distiller and the brewer. The amount of grain thus used, though great when considered as so much breadstuff worse than wasted, is yet very small as compared with the entire yield of the country. The State of Iowa alone could supply all the liquor-manufacturing interests of the country, and not use one-tenth of its average crop. The price of grain is controlled by the crop ot the world, as shown in the prices-current of her great markets. Actual statistics show that the rise and fall of these prices are not controlled by the still and 44 Constitutional Prohibition. the vat. But if it were so, the increased demand for other of the farmers’ produce would more than com- pensate him for his supposed loss in the price of corn and barley. When men do not drink so much beer the women and children will have more bread. Again : “ IT WILL DESTROY A GREAT INDUSTRY.” The liquor traffic is not a great industry, it is a pirate on every other industry. Its labor is not pro- ductive labor, its union of capital and labor does not give to the consumer a manufactured article better than the raw material, it brings no gift to the com- mon service of mankind, it is a leech upon the body politic, a vampire with sable wing hovering above every American home. Every toiling engine, every groaning shaft, every laboring beam, every turning wheel, every flaming forge, every flying shuttle, joins in the thundering chorus, IT IS NOT AN INDUSTRY. But it is claimed that the business has grown up under the guarantees of law, that if not an industry it has been so regarded by the law, since “ taxation is recognition,” and now granting the right of the State to abolish the traffic, it ought to compensate those who will suffer an immediate loss in depreci- ated buildings and fixtures. That a commission ought to be appointed to estimate their loss, and to give INDEMNIFICATION IN DAMAGES ! If these dealers have any legal claim it must be under either the section of the Constitution which declares Constitutional Prohibition. 45 that private property shall not be taken for public use without just compensation having been made, or the one which guarantees to every citizen protec- tion to life, liberty, and property. Is this taking pri- vate property for public use ? Let us see. When the railroad came to your town you were glad, but when it cut through your farm you were not so well pleased, but it was the taking of your private proper- ty for public use. The law said, “your farm is a little private good, but it must yield to the greater public good,” and you were paid for the value of the land. But the law does not say your brewery is a little private good, which must yield to the greater public good. It says, and do we not hear the vox Dei in this vox populi? “ Your brewery is an evil, it must get out of the way,” and the law never pays for evils. A learned judge, in a case involving this same principle, says: “ In the exercise of its police power, a State has full power to prohibit under penalties the exercise of any trade or employment which is found to be hazardous or injurious to its citizens and de- structive to the best interests of society, without pro- viding compensation to those upon who7n the prohibition operates." And again, in the case of Presbyterian Church vs. City of New York, Corwin, 539 , when a deed to a certain piece of land covenanted that it should only be used as a cemetery and was used for that purpose. Subsequently the city, by ordi- nance, prohibited its being used for that purpose ; held, that the citj^ had the right to enact such an ordinance, although it rejidered the property prac- tically valueless. It was a wholesome police regu- 46 Constitutional Prohibition. lation for the public health. We might illustrate at almost any length. Will the owner of a choice dog, for whom he has paid a great price, claim of the distracted father whose son has been bitten by the same dog gone mad, will he claim indemnifica- tion in damages when the dog is shot? Burglars’ tools and counterfeiters’ dies come under this rule. More than this may not equity set up, that great as would the loss be to those now engaged in the busi- ness of distilling and brewing, a greater loss of material substance is all the time falling upon the victims of this traffic, and that their loss ought to be made good, before the claim of indemnification can be considered ; when every poor woman beggared by the drunkenness of her husband has had furnished her the barest, plainest home in which to gather her children, when these children have wholesome food, and decent clothing, when the long list of losses to the State from the traffic has been covered, then it will be time to consider how much shall be paid this presumptuous pleader. Again, lawyers and law-makers claim that even if the principle of prohibition were sound, it should not be embodied in constitutional law ; in other words, that “ POLICE REGULATIONS OUGHT NOT TO BE PUT INTO THE CONSTITUTION.” There is no arbitrary rule as to what shall or shall not go into the Constitution. It is made by' the peo- ple, is their expressed will, and they are sovereign. Any subject that to them is essential, or vital to the welfare of the people, any subject which they are un- Constitutional Prohibition. 47 willing to leave to the Legislature, they put into the Constitution, and there is no limit to their sover- eignty. Does some one say, Does not the United States Constitution limit State legislation ? Yes, but the people, through their State Legislatures, make that Constitution, and so again we are brought face to face with THE SOVEREIGN PEOPLE. The student of governmental science must stand in reverence before this sovereignty, for the exercise of this power, fraught with such possible blessing, is also capable of a tyranny of the most dreaded type. Thus, of however much value to any people any- where is the temperance reform, with its beneficent aims and blessed accomplishments. It becomes to us, under this popular form of government a vital necessity, for if the people are king, the people must be sober, intelligent, and good. Again, it is urged that the “FOREIGN POPULATION IS AGAINST THIS REFORM.” Not SO fast, friends. That is not true. We know the traditional love of the Irishman for whisky, the German for beer, the Frenchman for wine, the Englishman for ale ; but wc know also by sight, not bv tradition, that the American drinks everything, and we fear that the charge upon the foreign population covers a like fact nearer home. We know the traffic on trial is very largely in the hands of the Irish and the German, but we know the customers, the con- sumers, are not confined to these nationalities ; and also that earnest temperance work is being carried on by and through the Irish Catholic Temperance 48 Constitutional Prohibit io 7 i. Societies, and that these are arousing to the need of prohibition by the State, as well as total abstinence for the individual. This doctrine was enunciated long ago by that proudest Roman of them all. Father Mathew, and his followers are beginning to honor his memory by the application of the truths he taught. The Scandinavians are largely right on this question. In the late great struggle in Iowa they stood strong for the amendment, over 30,000 having voted for it. And the ro}^! Teuton, he who is represented so often with the mug and foaming beer, he is waking to the physiological effects of the alcohol in his favorite 'beverage, and is joining our temperance hosts; over 5,000 Gernia^is in lozva voted for the amendment. The members of the Evangelical Church and the German INI. E. Church were for it. One of the strongest press champions in that State was Mr. F. Holfer, editor of the McGreggor Neivs. He was at one time a German saloon-keeper, he is now an able Christian temperance editor of a politi- cal newspaper, and in manly honor and Christian courage is the peer of any editor in the State. He is now writing and publishing much valuable literature in popular form upon this subject. The children of the Germans sit side by side with those native born ; they will soon together study our text-books on alco- hol ; indeed, already thev do in some of our schools, where, through the efforts of the W. C. T. U., they have been introduced ; the}' are growing up under tlie blaze of this “ Gospel Temperance Dispensation,” and are as sure to yield to its influence as the ice is to melt before the winds and the sunshine of early spring. Native-born American citizen, do not arro- Constitutional Prohibition. 49 gate to yourself all susceptibility to God’s truth, as written in bone and muscle, vein and sinew ; all ap- preciation of wholesome laws and wise political economy, as these are illustrated in prohibitory legis- lation. To the Fatherland we already owe much ; the pious heart swells with devotion at the name of Luther, the soul thrills at Beethoven’s songs, articu- late in sweet harmonies, at Goethe’s poetry and Schiller’s dramas. The world may feed at Germany’s table of science and philosophy, spread at Prague, at Vienna, at Heidelburg, and the Americanized German shall yet be our pride, and not our fear, for the infusion into our hot American life of his cooler, calmer brain shall bring us a better type of citizen- ship. And, lastly, a final argument, as though if every other objection had failed to dismay and over- come, this surely would be sweeping and conclusive : “ OH, WELL, YOU CAN’t ENFORCE IT.” If this were true, it would not dismay us, for we should then be no worse off than now on that side of the question, but would have the education of a good law, which is vastly an advantage. For all laws are educational, and a good law unenforced is better in its educational influence than a bad law enforced. The implication desired to be drawn by this objec- tion is untrue. It is as though it were said, “ license laws are enforced, prohibitory are not and can not be.” We answer, license laws are not enforced ; not a license law of any of the States but is violated every day in every city where liquor is sold exten- sively. Under the provisions of the law it is unlaw- ful to sell to minors and to habitual drunkards, and 50 Constihitional Prohibition. on the Sabbath, and after certain hours of night ; these conditions are openly and constantly violated, and the public conscience is thereby debauched. If the law were prohibitory, its education would be in the right direction. A writer on civil government has wisely said, that to a very large portion of society law is the measure and standard of commercial and social morality. The legal standard of practical morality should, therefore, be ever a little in advance of the popular one, while the basis of the law’s ethics should embrace the great fundamental element of righteousness. By this means the law will itself be steadily advancing toward per- fection, and will bear with it the hearts and charac- ters of the people. But prohibitory laws are enforced ! This fact is clearly established by unimpeachable testimony. If they are not enforced, why such opposition on the part of the men in the business of liquor selling? Why are prohibitory laws their chief aversion, if they are a dead letter? These laws have been on the statute books of several of the States for a quarter of a century; strange that the men with instincts made keen by financial interests should not have discov- ered the stick and the empty coat and hat, if pro- hibition is only a scarecrow. A sensible bird would have learned sooner. But is it not true of those who cry non-enforcement, that the wish is father to the thought? If not so, if these last-named objectors are honest in their fear expressed, I sa}", shame on you who indulge such whimpering cowardice. I remem- ber the days of the war, when the boj’S with whom I had played in childhood and studied in girlhood. Constitutional Prohibition. 51 whom I knew only as fair and g-allant and gay, be- came men full grown in twenty-four hours after the fearful tocsin sounded. The soft lines of boyhood settled into the deeper ones of manliood, their eyes grew dark and deep and full of soul ; with white faces they kissed us good-bye as they put on the blue and marched under the bright new banners we gave them. It was the great necessity which gave birth to hero- ism. So it has always been, so it shall always be. Thei'e are men walking up and down our streets to- day, who look very commonplace, who never boast about their love of country, but who, when the time shall come, will show themselves to be the stuff they make martyrs of. Not only is it cowardice to talk of non-enforcement, it is treason. Let no man who loves his country, thus give aid and comfort to its enemies. Our fathers’ God, to Thee, Author of liberty. To Thee we call. Long may our land be bright. With freedom’s holy light, Protect us by Thy might. Great God our King. ■ / SUGGESTIONS, DIRECTIONS, AND EXPLANATIONS. FORMS OF PETITIONS AND MEMORIALS. AMENDMENT CATECHISM, &c. The first requisite of successful |\vork along the line of constitutional prohibition, is a conviction that something must be done to stay the tide of intem- perance that is sweeping over our beloved land. Not an impression that something ought to be attempted and might be successful, but a conviction deep enough to impel to action, and to hold the individual to long continued, steady endeavor. This means more than the careless thinker will at first suppose. Let no one put his hand to this plow, unless he have well consid- ered the long furrows before him — furrows that will disturb his ease, his comfort, perhaps his business success, perhaps his political affiliations and aspira- tions, but which shall prepare the field for the fruit- ful seed and the ripe harvest of better homes and a purer state. Let the worker then study the consti- tution of his own State, the general histor}' of its adoption, with its amendments, and the constitutional methods of their adoption. Let him also become ac- quainted with existing legislation in the interests of temperance, its effective and its defective features. Statutes are made by legislators, and legislators are (52) Coiistitutional Prohibition. S3 men with human understanding — imperfect, and with human hearts susceptible to weakness and impurity ; moreover, statutes depend for their application to society’s need, upon executive officers, and these may be insufficient, or unwilling, to give them their best force and effect, because of possible personal results to themselves. A good statute may be powerless in the hands of weak or wicked officials, and a weak statute may be quite effective when used by a strong executive. Again, the trials of causes growing out of our liquor laws, which are given in State Reports of Su- preme Court Decisions, are very interesting to the worker who has access to a law library, and who cares to give this phase of the subject his study. It is most cheering to the tired worker who may be dis- gusted with the pettifogging of the criminal lawyer in the police court, whose indignation and disgust at the occasional or frequent holdings of these courts in the interests of the saloon even against law and testi- mony, and the corruption ofjuries by this same saloon influence, to read the opinions and decisions of judges more removed from popular clamor and partisan prejudice. The elaboration of great principles and their application in specific instances revives one’s faith in civil government, and in its divine origin, and in the final triumph of the right. Decisions which are contrary to these right principles drive the con- scientious citizen back upon that eternal vigilance which is “ the price of liberty.” Here let me caution the zealous temperance worker to remember the limits of judicial poxver. Courts do not make law. They expound and apply. Blackstone puts it that 54 Constitutional Prohibition. they must find the “ bosom of the legislator.” A judge can not always hold according to his own sense of justice and of abstract right ; he must exercise this sense of justice and right within the bounds set by the statute, and, too, according to the testimony intro- duced in the trial of the criminal or the trespasser. So with juries ; they are subject to the same limita- tions with the added confusion that different minds must all agree to the same verdict. Again, the fact that liquor-sellers have legal defense, that they ob- tain legal counsel is sometimes claimed to be a per- version of justice, and a subversion of the courts to un- righteousness. This position is not well taken. Every criminal, of whatever t3^pe or grade, must have a fair and impartial trial; he is presumed to be innocent until proved beyond a reasonable doubt to be guilty. Not to give him such trial, with all the helps of legal counsel, would not secure the ends of justice. Of course, any recourse to trickery or low cunning is as despicable here as elsewhere, perhaps more so, since so sacred interests are at stake, but the cause of tem- perance suffers when its advocates assume untenable ground. I may say here, that all well-advised at- tempts at the enforcement of existing law, is good preparation for the definite work of securing consti- tutional prohibition ; and the more the features of these laws and the legal processes of the courts in their enforcement are understood b}^ the masses of the people, the more read}'' will they be for the direct expression qf their will toward the whole business. The attitude of politicians and political parties toward legislation in the interest of temperance may be studied with advantage. The almost uniform timidity Constitutional Prohibition. 55 of office-holders and office-seekers (and the latter in- cludes a large and influential class !) is significant and suggestive; indeed, the more the temperance worker knows of the traffic and its relations to society and society’s relations to it, the better is he qualified to work for constitutional prohibition. Thorough and systematic organization is essential. It is not desir- able that any approved line of work be abandoned that this be taken up ; let all the old lines go on ; let various organizations pursue their own methods — all, however, uniting in one central organization for this only purpose, the submission and adoption of the amendment. It is well to call this a Prohibitory Amendment Association, or Prohibitory Alliance; it matters little what it is called, but it does matter that it shall have this one single aim in view. A financial basis, as is the case with the Alliance in Michigan, is valuable. This obligates each member to pay a certain specified sum annually, which sum is appropriated for Amendment' work. It is well for Woman’s Christian Temperance Unions to issue petitions, for general circulation, asking the Legis- lature to submit the desired amendment. These petitions were circulated with good results in Iowa. They should not indicate the very words of the amendment desired, but should ask for an amendment prohibiting the manufacture, sale, etc., etc. It is better to leave the w'ords of the amendment to the Legislature which votes upon it, this is not quite so dictatorial — though it ought not to be so considered ■ — and what is of more consequence, it leaves less ground for argument and objection. If the exact words are given some would-be objector will say, “ I 56 Constitutional Prohibition. believe in the thing, but I do not like the wording- of the article ; if it were otherwise I would sign it whereas if you had said “ an a])iendment ” the objector would have had less room for objection. At the Legislature, when the proper time comes, a wise committee should present the amendment which the temperance people desire, to the committee of the Legislature having the amendment in charge. Such a committee is sometimes called the “Committee on Amendments.” The wording of the amendment is of great importance, and sometimes the champions of the cause choose to settle upon some approved form, and make the battle from the start on that. Our friends in Pennsylvania have done so. It may work well and have some advantages ; I think, however, the other way is freer from objections and possible hin- drances. The object of the circulation of popular petitions is not only to affect the body to whom they are addressed, but to stir the public mind to a con- sideration of the subject involved! Let a town be districted and a dozen women start out to get signa- tures to a petition for prohibition, and there can not fail to be a general stirrhig of dry bones, which shall cause some to rise and breathe and walk forth. Let the persons who carry the petitions be sensible, ear- nest men or women, not children ; let them go to every budding — be it house or shop or store; let every in- dividual over the required age be asked to sign. Let a few petitions be left in places of common re- sort, such as the post-office or barber-shop, to catch the signatures of those who might otherwise be over- looked. I think it is well before the canvass begins to open the “ petition campaign ” by a public meeting in Constitutional Prohibition. 57 a church or hall. Let the ministers and other influ- ential persons be invited to address the meeting-, to read the petition and to explain and enforce its state- ments ; in this way the work may receive a valuable indorsement and impetus. I consider this petition work of great importance ; let it be undertaken with prayerful, intelligent zeal and it can not fail to bear good fruit. While this work is going on let temper- ance men look well to the making up of the Legis- lature before whom the petition is to come. Let the primaries and caucuses of all political parties be at- tended by temperance men in these parties, and let none but men who will submit the desired amend- ment, receive nominations for members of the Legis- lature. Do not insist that these shall be prohibitionists, though these are of course desirable, but let the test be, “Will you, if elected, vote to submit the desired amendment to the people ? ” Ought any aspirant for the suffrages of the people to object to this? Ought he to say, “ I want the votes of the people to gain legislative honors, but I will not in turn afford the people the opportunity to express their will in consti- tutional law?’’ The man that makes such a blunder will not be likely to have the chance to repeat his blunder. When the nominations have been made in counties and senatorial districts, or at any time when the con- ventions of the State or of these political divisions (counties and distidcts) are held, let an attempt be made to have the party commit itself by resolution to the submission policy— not to prohibition pure and simple, but to submission. Let every effort be made to keep the question wholly free from partisan alii- 58 Constitutional Prohibition. ances ; let it not be a Republican measure or a Demo- cratic measure, but a people’s measure. This non- partisan character is more easily sustained by the participation of the women as active workers ; they having no political existence, must neutralize very much what might otherwise be tinged. As to the presenting of the petitions to the Legis- lature, I think it is well that quite early in the ses- sion — a public meeting be held at the capital city, — perhaps in the Hall of Representatives, if that is de- sirable and possible. To this meeting let each mem- ber of the august law-making body be invited by personal invitation, either verbal or written, also all state officers and emplo3^ees, and lastly, but not least, the great people. Make the meeting as attractive and enthusiastic as you can, have flowers, music, flags, banners, and speakers who have something to say. Let the petition be fully set forth, and also the dutv' of the Legislature to the people — whose servants they are. Let this formal public presentation be fully noticed in the press of the capital, and also sent to as large a number of the country papers as can be reached. The actual presentation of the petitions to the Legislature, may be done b}' having them in one mass and presented b}" one member, or they may be given to the several members whose constituencies have petitioned ; I think the latter wa}’ the better one. The right of petition is a constitutional right, and no representative will dare, — whatever his personal opinions — to refuse to offer in the proper way, what his constituents send. The reading of the petitions, day after day, the veiy sound of the words Woman s Constitutional Prohibition. 59 Christiayi Temperance Union, is educational ; it may carr}^ convictions of duty toward the constituency of the homes, it may bring- memories of ruin wrought to homes through intemperance, it may thus soften and tender the hearts of the men who will be called to vote. It is a right and proper thing to do. The proceedings of the Legislature should be carefully watched, judicious men or women, or both, should be at the capital, and by personal interviews inform the members of both bodies in the Legislature of the people’s will. This work is wearisome and sometimes disagreeable, but somebody must do it. If the Legislature does not heed the prayer of your petition, you must do the work over again; not feel- ing that the agitation has been lost. A brave setting up of God’s truth, in any of its many^ manifestations, can not fail to accomplish much toward its final tri- umph. Let temperance men and women see to it that every legislator who voted against the resolu- tion to submit is elected to stay at home in the future. If the Legislature does vote to submit, and it goes directly to the people for their vote — or even if the Constitution requires that a second Legislature should ratify the action of the first, in either instance the hand-to-hand work of securing the popular vote in favor of the amendment should be rigorously car- ried on. If a second legislative vote is needed, the same care should be exercised as to the character of the men who make up the body as was exercised concei'ning the former Legislature. There must be no “ let-up ” anywhere along the line. I desire to suggest that the plan of registration adopted in Iowa is a most excellent one for the other 5o Constitutional ProJiibitioyi, States. I give here the text of the little book used there ; with some very slight changes it will suit the work in au)^ of the States. This personal, individual work is absolutely essential. There is little doubt that Legislatures will submit the question — the de- mand is too imperative to be disregarded; but after submission comes the vote of the people, and the people must be educated. To this end CIRCULATE TEMPERANCE LITERATURE. There is no one means so effective ; indeed, it is vital to success. Let the ministers, the public speakers, the circulators of petitions — let every friend of the cause become himself well-armed and equipped with facts, figures, and arguments. Re- member, knowledge is power. You have no right to allow the golden opportunities afforded by the tem- perance publications of the present day to go un- improved. Every department of science, the voice of political economy, and the words of God’s re- vealed will are with us in this conflict. And in this multitude of voices— this cloud of witnesses, shall we lie asleep or sit with hands hung down, or wail with pious drawl, “ O Lord, bless our poor, feeble efforts ! ” The Lord has never promised to bless feeble efforts that are thus feeble because of crkninal negligence on our part. Temperance literature is cheap; it is within the reach of all ; it is an undisputed agency for good ; and there is no justifiable excuse for failing to use it in this work. The general question of pro- hibition is involved in this new phase of constitu- tional prohibition, and the supply of literature is almost inexhaustible. Constitutional Prohibition. 6i It is well also to publish as campaign literature the speeches of prominent men in the State. In Iowa the speech of Hon. James F. Wilson, U. S. Senator- elect, was spread by many thousands, and was very useful. Who can estimate the value of Governor St. John’s printed addresses that have been in every home west of the Mississippi and in thousands in the East? While reading his grand utterances, one seems to feel the beat of his heart and to see the flash of his eye, and to believe that, like Hiawatha, “ At every step a mile he measures.” So also is it useful to gather local statistics, show- ing the relation of the traffic to local expenses. Let the criminal record of the county, and the cost of in- sanity and pauperism be set over against the miser- able pittance received from license, and then show the deficit on the side of the traffic. These sent to taxpayers and coming so near home will be the best kind of eye-openers. Let every newspaper available be pressed into the service. If the editor will not him- self take up the weapons of war, he will perhaps give space to a Woman’s Christian Temperance Union, or a Good Templars’ Lodge, or an Amendment As- sociation, to set forth the discussion. Be sure and keep the campaign non-partisan. In Iowa the move- ment was a sort of political millennial, for former po- litical foes took sweet counsel together and walked in company. Draft everybody into this bloodless war. The young men will find this a grand theme upon which to plume their early oratorical powers. Let them go out into the school-houses in the rural districts, let 62 Constitutional Pi'oliibition. them introduce the question into their debating societies. The duties of citizenship shall be better borne by them, because of the consideration of this great question, and its relation to the welfare of the State. The young ladies too; let them bring the beauty and the freshness of their life into this holy crusade. Let them write essays and make speeches, and ask voters, and sing at the meetings, and beg money or raise it by entertainments, all to carry on this war— for God and home and native land. And the dear children, let them in their Bands of Hope and Temperance Schools, along with their Catechism on Alcohol, study the “ Amendment Catechism,” and thus be ready to help in the common cause. The boys and girls of Iowa did their full share of the work there. So the faithful temperance worker, upon whose heart the burden really presses will in- vent ways and means, according to local conditions and surroundings, and when the final vote shall come, it will be impossible to tell what has helped the most. It is very desirable that the vote shall be at a special election, called for that purpose ; thus its non-partisan character can be preserved. If the machinery used at the ordinar}" election be in opera- tion for the election of the regular tickets of the parties, it will be difficult to keep the amendment free from its entanglements. Some of the State Constitu- tions provide that the vote shall come “at the next general election,,” in which case there is no choice left. But, if the provision on Amendments says, “ in such manner as the legislature ma}" determ.ine,” or words to that effect, then temperance people should insist on its being called on a day when no other Constititiional Prohibit ion. 63 questions are before the people. Let the friends of the cause use care in the choice of the polling places, officials having this matter in charge will usually receive suggestions, if given by proper persons and in a proper manner. Let existing laws in regard to the closing of the saloons on election day be rigidly enforced. Let the women go to the polls ; let them have the right tickets for distribution, let them spread lunches, that, so the common table with the home look of mother and sister and child, may keep this home constituency in hourly remembrance. Let decorations of mottoes in print and in evergreens assist the eye and speak to the heart. Let flowers and music and home influences make every voting place appear to be what in truth it ought to be, a shrine upon which every freeman offers the sacrihfice of his loyal sovereignty. And do not forget the - prayer-meetings, let the bells ring hourly the calls, and from the opening to the closing of the polls let the fire on the altars of religion be kept burning, “ Them that honor me, will I honor.” To the devout student of history, who has seen God all through the centuries, working out his vast designs by human instrumentalities, and who recognizes in this great uprising of the people for Constitutional Prohibition, the hand of God, who ever leads his people, to this wise temperance worker, I need not enforce this plea for this marked recognition of God’s leading. To the blind toiler, who sees only the near sorrowful past, and the approximate bettered future, and who does the best he can within these limitations, do I say — that he will find his own soul cheered — if he does not repel the influence — by the 64 Constitutional Prohibition. faith of the pious enthusiast, who has “meat to eat he knows not of.” Yes, by all means, let the prayer- meeting be held. And thus, by education and agita- tion, through the pulpit, the press, the temperance organization, the school, the home, and these all baptized with prayerful zeal, with pious enthusiasm, thus shall the much desired result be accomplished. “ ALCOHOLIC BEVERAGES.” Has any one questioned why I have so often used the term “alcoholic beverages” instead of “intoxi- cating liquors ”? I consider it the better term to be applied, because it is complete in itself. If we say “ intoxicating liquors” we must go on to qualify by the words “ as a beverage,” or “ except for medicinal, mec+ianical, or sacramental uses ”; these are clumsy forms of expression, and the latter raises the contro- versy of the use of alcohol as a remedial agency, and also the use of fermented wine in the commemora- tion of the Holy Sacrament, which is a sacred rite of the Christian Church. These questions must be dis- cussed by the people and authorities in the science of medicine, and leaders of thought in the Christian Church are dealing with these subjects, but the dis- cussion is more pertinent to the moral than to the legal phases of the temperance question. It also nar- rows much the arena of debate. When some would- be objector says, “I’m against the amendment be- cause we need alcohol as a medicine,” we can reply, this desired legislation does not interfere with its legitimate use as a medicine, it says “alcoholic bev- erages’’'-, and also when some impious man, who sud- denly assumes a great interest in the institutions of Constitutional Prohibition. 65 the Church, says he is opposed to the amendment because it will be in the way of getting communion wine, his objection will be answered by the distinct pronunciation of the words “ alcoholic beverages.” So, also, the term “ liquor crime ” I consider very terse and distinctive. We commonly say “ liquor traffic,” with a mental reservation that we mean the unlaw- ful trade in liquor, that is, the trade in it for beverage use ; but when the term licpior crime” is used, we define just what we mean, and educate the people to consider it a crime. I am indebted to the writings of Hon. G. T. Stewart, of Ohio, for this suggestion. Again, be sure always to remember that it is the manufacture and sale about which we legislate, not the use. A confusion of terms leads to a confusion of ideas, as well as indicates that there is such a con- fusion already in the mind. The user of alcoholic beverages comes within the domain of moral influences — the pledge, the temper- ance society, the persuasive plea, the convincing argument. The trafficker in these beverages, being oblivious to these influences, or impervious to their operation, is outside this domain, and within that of the law, thus the forces of civil law must be set in motion toward him and toward his business. PETITION TO STATE LEGISLATURE TO SUBMIT CONSTITUTIONAL PROHIBITION. PETITION. The Woman’s Christian Temperance Union of the State of , to the Honorable Senate and House of Rep- resentatives of the State of , Greeting: Your petitioners, citizens of the State of , do respectfully set forth, that intemperance wastes the material resources of the State, deso- lates its homes, and debases its citizens ; that intemperance is the legitimate outg;rowth and universal accompaniment of the traffic in alcoholic beverages ; we, therefore, in the name of G ,d and home and native Itmd, do petition your honorable body that you will, i accordance with article of the Constitution of the State of , propose an amendment to the said constitution, which shall forever prohibit the manufacture of, and traffic in, these beverages. NAMES. VOTERS. WOMEN OVER 21. MINORS OVER l6. Note. — R emember that the object of popular petitions is education and agitation.. Thus taking the text of the above petition it will be seen that it will serve as notes of a good temperance address. Let it be shown how' intemperance “ affects material in- terest — affects the home, affects the citizen,” and the circulator of the petition and the signer of it will both be educated. Let care be taken to keep the three classes, ” voters,” ” women,” and ” minors,” in their proper places. Also put a little note at the head of the petition, stating at what time and to whom the petition must be returned. ( 66 ) PETITION TO A POLITICAL CONVENTION. The Woman’s Christian Temperance Union of the State of , to the State Convention of the party in , Greeting ; Your memorialists do respectfully set forth that they are an organization of women citizens of the State ; that they are engaged in Christian and philan- thropic work, for the suppression of the evil of intemperance ; that their methods are well-known and approved, being chiefly the teaching of the chil- dren as to the real nature of alcohol and its effects upon the human system, by the introduction of text-books on this subject into the schools supported by the State, by the circulation of temperance literature, and by personal effort to re- claim the inebriate and to comfort and support his family, all these means tending to the creation of a sentiment which shall strongly reprove the use of all alcoholic beverages by our citizens, and shall not tolerate the manufacture and traffic in them in the State. In these efforts we are constantly hindered and often wholly frustrated by the traffic in these beverages, and it is our sin- cere conviction that this traffic might be, and ought to be, abolished by more stringent laws and more thorough enforcement of the same. To the end, therefore, that the Legislature of the State may be informed of the people’s will, and thus more definitely bound to enfoi'ce the same, and because many members of the Legislature will be elected on a platform of principles set forth by your Convention, we do most earnestly pray you to — by resolution of your Convention — call upon the Legislature to propose and submit — at the earliest possible date — to the people of the State an amendment to the Constitution of the State, forever prohibiting the manufacture and sale of all alcoholic bever- ages. We point with pride to the recent recognition of this question by polit- ical parties throughout the country, and, as loyal daughters of this Republic, we would modestly remind our political leaders of the historic testimony of American politics, that the people do not long adhere to a party which does not listen to their expressed desire. Note. — The above petition is merely suggestive. It maybe presented to county, district, or State conventions, care being taken to have blanks filled out correctly, and the memorial signed by representative persons. It should be presented by a member of the convention to the convention, in open session, or by some committee (of ladies or gentlemen) to the Committee on Platform and Resolutions. If the memorial is presented in open convention and referred to the committee above-mentioned, then the Temperance Committee can call upon the party committee and enforce their desire concerning the memorial. It can be changed to suit any association. (67) 68 Constitutional Prohibition. A little Hand-Book was prepared for the use of canvassers in every school district, and we herewith print a copy of the instructions which it contains, together with sample pages for list of voters, summary of returns, etc. : This little book is prepared and sent out by the Department of Legislation of the Women’s Christian Temperance Union. It is designed, first: to show the present sentiment of the voters of the State of Iowa toward the proposed prohibitorj^ amend- ment ; second : to form a basis for systematic and thorough agi- tation and education concerning the movement ; third : to facilitate the securing of a full vote on election day. THE PROPOSED AMENDMENT TO THE CONSTITUTION. “ Section 26. No person shall manufacture for sale, sell or keep for sale as a beverage, any intoxicating liquors whatever, including ale, wine and beer. The General Assembly shall by law prescribe regulations for the enforcement of the provisions herein contained, and shall thereby provide suitable penalties for violations of the provisions thereof.” The law governing Constitutional Amendments is Sec. 1, Art. X of the Constitution, which reads as follows : “Section i. Any amendment or amendments to this Con- stitution may be proposed in either house of the General Assembly ; and if the same shall be agreed to by a majorit}' of the members elected to each of the two houses, such proposed amendment shall be entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature to be chosen at the next general election, and shall be published, as provided by law, for three months previous to the time of making such choice ; and if in the General Assembly so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the General Assembly to submit such proposed amendment or amendments to the people, in such manner and at such time as the General Assem- ( 68 ) Constitutional Prohibition. 69 bly shall provide ; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified for members of the General Assembly voting thereon, such amendment or amendments shall become a part of the Constitution of this State.” TO COUNTY PRESIDENTS. (or persons acting in their stead.) Let the County President go to the office of the Auditor in the Court House at the county seat. There she will find poll- books of all the townships and voting precincts in the county, duplicates being with township clerks. In these poll-books will be found the names of all who voted at the last election. This is not a perfect list of all the qualified voters, for some might not have voted who were then entitled (the Poll-book of the Presidential Election of 1880 contains the largest list), and be- cause the population is constantly changing ; but it is a more accurate list than can be obtained from any other source. To supplement this, examine the census returns so lately taken (1880), also found at the Auditor’s office. Among the minors there will be some who have attained their majority since the taking of the census ; these should be added to the poll-book list. Also let search be made for new-comers, and as to their qualificatione to vote. From the Assessor’s books, also with the County Auditor, might be found some who were qualified voters, and had not voted, who might also be added to the list ; this, however, would involve much labor and inadequate return for the same. Therefore the examination of the Assessor’s books / do not recommend. After the names have been copied into the Amendment Register Books, the voters of each township or voting precinct being in a separate book, with the name of the township or voting precinct written in the same, then let the County Presi- dent with great care, and as far as possible with personal knowledge, select a person or persons in each township or vot- ing precinct, to whom the books shall be sent with instructions 70 Constitutioiial Prohibition. to peruse carefully the directions herein given, and to carry out the plan proposed with conscientious fidelity. After the can- vass has been made and the report is received by the County President, let this be the basis for general supervision of fur- ther work to be done by the circulation of temperance litera- ture, and the agitation of the question by sermons, lectures, and public meetings. Let her make a report from the reports she has received from the townships, carefully following the plan of the township report, and send the same to me. As the voting day approaches, let her by consultation with true and tried men and women select a committee of three persons for each polling place, one of whom shall be the holder of the Amendment Register Book, and one or more of whom be gentlemen who shall be at the polls on election day early and late, with at least two conveyances driven by staunch tem- perance men, who shall see that everj'- qualified elector — in favor of the Amendment — has convenient facilities forexpress- ing his sentiments at the ballot-box. Let the books be finally returned to Mrs. J. Ellen Foster, Clinton, Iowa, to be kept as permanent temperance documents of the reform in Iowa. To THE Person to whose Hand this Book May Come. Let the holder of this book study all the forms and instruc- tions given herein, and then either in person or by weil chosen helpers, find out how all the voters whose names are on the book expect to vote on the Amendment, if the same shall come before the people. These voters need not be asked to sign a pledge that they will do so, but the record “ for,” or “ against,” or “ doubtful,” must be made according to the canvasser’s best judgment after conversation with the voter, or receiving defi- nite information from any other source. This canvass will involve much labor, and in some localities, large cities and towns, it is possible that holders of books may be unable to do thorough work in person, or by gratuitous helpers, and may deem it best to hire some competent and faithful temperance man or woman to give a few hard days’ work in this direction for a moderate compensation. Let the work be done with as little ostentation as possible. Cci stitutio7ial ProJiibition. n and with kindness and good nature ; not in public meetings after stirring appeals, in the presence of numbers of persons, but by personal appeals at home or shop, or plow or office. After the canvass has been made, let the holder of the book fill out the blank reports on the last two pages, tear out one and send it to the County President of the W. C. T. U. (or person acting in her stead), keeping the duplicate in the book. This will be the basis for the selection and circulation of temper- ance literature and other temperance work. To illustrate : Mrs. Smith canvasses in a little town ; she goes to Mr. Brown, who says he “ is opposed to the amendment, because saloons build up a town and make business ; he owns some town lots and wishes them to increase in value.” Mrs. Smith makes a mark | in the column headed “against” after Mr. Brown’s name, and under the head “ memoranda ” the letter “ A.” Again : Mr. Johnson canvasses in a township of farmers ; he talks with Mr. Jones as he rides on his load of corn which he is taking to the nearest R. R. station. When asked how he will vote, he says: “Well, I am against the Amendment; it will lower the price of corn.” Mr. Johnson marks | in column “ against ” and the letter “A.” Mrs. Thompson goes to a good man, a*member of her own church. She says : “ Deacon Bland, how will you vote on the Amendment 1 ” “ Well, Mrs. Thompson, I have no sympathy with drinking or with saloons, but I have serious doubts as to whether the State has the legal right to interfere with men’s habits and customs.” She marks | in “ against ” column and letter “ B.” Again : Lawyer White goes into the office of Messrs. Quirk, Gammon & Snap, Attorneys and Counselors-at-Law. He says : “ Gentlemen, I’ve called to see how you stand on this proposed Amendment.’’ Mr. Quirk replies ; “ Prohibition may be all right enough, but you can’t enforce it.” (Memoranda “ C.”) Mr. Gammon responds : “ Statutory prohibition rests on good legal principles, but police regulations have no place in the Constitution.” (Memoranda “ F.’^) Mr. Snap can scarcely wait until the others have finished, and says : “ I don’t believe in it as a subject for law at all. It’s a great moral question, 72 Constitutional Prohibition. and should not be taken into politics.” (Memoranda “ G.”) These three will vote against the Amendment, and opposite their names should be marked | in “ against ” column, with memoranda indicating reason. Mr. Schrader is visited at his saloon ; he responds to the inquiry that he believes in a judicious license law, and will vote against the amendment. (Memoranda “ D.”) Mike Mahoney says he wants his drink, and don’t propose to vote it away. (Memoranda “ E.”) Key to Letters Under the Head “ Memoranda.” Will hurt business “ A ” Against personal liberty (sumptuary laws, etc.) “ B ” Can’t be enforced “C” In favor of license “ D” Wants to drink “ E ” Not proper subject for constitutional law « p ” A moral question not to be taken into politics “ G ” There will found at the end of this book a catalogue of standard temperance books, tracts, pamphlets and periodicals for circulation. While these are all good for general circula- tion, you will find each class of objections specifically answered. Yon can thus “give a portion to each in due season.” Write to me if at any time I can help you in any way. Cor- respond with county, district and State officers ; ask advice when confronted with difficulties, and spread the cheer when encouraged by successes. When downcast, pray for clear spiritual vision, that shall re- veal the “ mountain full of chariots and horsemen.” When con- fident of success, remember that it is “ not by might or by power, but by my Spirit, saith the Lord.” Things to be Remembered. The majority vote for the Amendment must come, if at all, from the rural districts, and in these must the larger amount of work be done. Constitutional Prohibition. 73 All helpful agencies and opportunities must be sought out, temperance men and women must hold meetings for consulta- tion and discussion, and to answer objections, in churches, halls and school houses. Ministers of the gospel are always ready to give advice and service, and school teachers may be influential for good. Every one that has a brain to think, or a heart to feel, a voice to speak, or money to give, must be drafted into the service. No class of voters must be omitted in the canvass. It must not be taken for granted, that because of nationality or personal habits, or political affiliation, certain voters will be opposed to the Amendment. Be prepared for great surprises, both encouraging and discouraging. “ Knowledge is power,” “ truth is mighty and will prevail.” Thus spread the truth, circulate literature. There is not an ob- jection which can be urged against the movement but has been answered by somebody’s pen. Don’t allow any temperance lit- erature to lie about the house unused ; circulate, circulate, agi- tate, agitate. The question of finance will in this, as in all public work, re- quire careful attention. Plans should be adjusted according to the local needs and financial circumstances of communities. Money can be raised by collections at church services, at public meetings, by private solicitation, by “ Amendment Socials,” by “ Amendment Suppers,” by “ Amendment Fairs,” by “ Amendment Quilts,” by “ Amendment Offerings ” from the herd, the flock, the granary of the farmer, and from the butter, the eggs, the cheese, the chickens of the farmer’s wife. These can be collected and easily converted into money. The money outlay needed will be very small as compared with the magni- tude of the work done and the glorious results to be achieved. TO THE CANVASSER. After the Summary" has been made out on the Blank in back part of this book, make otit a duplicate on the last and opposite leaf, which leaf you will tear out and send to County President. 76 Constitutional Prohibition. CLASSIFIED LIST OF VOTERS. NAMES OF VOTERS. Doubt’I Constitutio7tal Prohibition. 77 Co. ( Township or ( Voting Precinct. RESIDENCE. MEMORANDA. 78 Constitutional Prohibition, SUMMARY. r County, Name of ■< Township ( or Precinct No. of Voters No. of Voters for Amendment No. “ against “ No. “ doubtful No. “ not found No. Churches No. Temperance Societies No. Schools No. Saloons No. Breweries No. Distilleries No. making objections A. B C D E Other memoranda Constitutional Prohibition, 79 SUMMARY. ! County, ) Township, ^ or Precinct ) No. of Voters No. of Voters for Amendment “ “ against “ “ “ doubtful “ “ not found No. Churches No. Temperance Societies No. Schools No. Saloons No. Breweries No. Distilleries No. making objections A “ “ “ B “ “ “ C “ “ “ D “ “ “ E Other memoranda 8o Constitutional Prohibition. The following are among the resolutions adopted b}'^ the National Convention, which assembled at Saratoga, June, i88i, with 350 delegates from 25 dif- ferent States : ro. “ Resolved. That we re-state the affirmed position of the sev- eral National Temperance Conventions that the absolute legal pro- hibition of the manufacture and sale of all alcoholic beverages is the only legislative remedy for the evils of intemperance, and far- ther that this principle ought to be incorporated in the organic law of all the States of this nation, and to this end we urge all temper- ance people to unite in efforts to secure such State constitutional amendments as shall thus embody their righteous abhorrence of this iniquitous traffic. II. “Resolved, That the citizens of the several States, having ample opportunity to observe the influence of the liquor traffic upon the health, happiness, and welfare of the people in their respective counties or communities, and having to bear the burdens which it imposes, should at least have the power to prohibit the same by a submission of the question to a popular vote; and we recommend this measure as a wise and proper one to be adopted, great benefits having already been proven to have resulted therefrom where it has been fairly tested, and we regard this practical method of demon- strating the benefits of prohibition as an important aid in the secur- ing of constitutional prohibition. “ Whereas, The beer-brewers’ associations and kindred liquor dealers’ organizations, during a score of years past, have declared the traffic in intoxicating drinks to be a legitimate part of American commerce, entitled to and demanding for it the protection of law and the fostering care of the States and national governments, de- nying the right to prohibit or restrict the same ; have yearly avowed their purpose to vote for no man who favored legislation in the in- terests of temperance, and constantly have used their political fran- chise for the continuation of their trade ; in the past have received the countenance of political parties in support of the positions and selfish interests thus assumed, securing through such aid the re- scinding of constitutional enactments and the repeal, modification, or impairment in efficiency of acts of Congress and ot the States Constitutional Prohibition. 8i restrictive of their business, and by many and other influences have secured the election of friends and the defeat of supposed oppo- nents ; having thus deliberately resolved and acted by the consent and co-operation of the party press leaders, they have forced the liquor question into national and State politics, making their traffic an issue in State and municipal elections, and have in their interest largely secured the administration of government laws ; therefore, 12. "Resolved, That the interests of the public peace and wel- fare, the defense of personal liberty, the safety and protection of home with faithfulness to avowed convictions, demand from the friends of temperance, good government and free institutions, the acceptance of this field of contest and their gauge of battle, and this convention declares it to be the duty of every temperance voter to cast his ballot at every election only for such candidates for pub- lic office as may be relied upon on this liquor question to use official power and place for securing the enactment and due execu- tion of law for the prohibition of the manufacture, sale, or importa- tion of alcoholic liquors for drinking uses. “ That an organized ballot, whether under the name of Prohib- ition party, or for securing and maintaining amendments of the national and State constitutions, or general or local prohibition, or the restraint of the liquor trade, in view of the platform declarations of present parties against the prohibition of such trade, and of the machinations and organizations of the brewing, distilling, and liquor selling interests for political ends, has become a present and imperative necessity in order to purify our politics and legislation, and save our free institutions from the blight of the God-defying and virtue-despising liquor business. That adhesion to party allied with liquor manufacturers and sellers is to give aid and comfort to the enemy, and is treason to temperance. Prayer and the ballot should be as inseparable as faith and works. 13. "Resolved, That we recommend the immediate organization in every election district of all voters favorable to the prohibition of the liquor traffic, and pledged to support only such candidates as will accept and promote the constitutional and statutory prohibition of the liquor traffic.” 82 Constitutional Prohibition. AMENDMENTS IN STATES. The following is the text of the Constitutional amendments so far as they have been adopted. KANSAS. “Proposition — Article 15 shall be amended, by adding section 10 thereto, which shall read as follows : ‘ The manufacture and sale of intoxicating liquors shall be for ever prohibited in this State, except for medical, scientific, and mechanical purposes.’ ” IOWA. “ No person shall manufacture for sale, or sell, or keep for sale, as a beverage, any intoxicating liquors whatever, including ale, wine, and beer. The General Assembly shall, by law, prescribe regulations for the enforcement of the prohibition herein contained, and shall thereby provide suitable penalties for the violation of the provision hereof." INDIANA. The following has passed one legislature, and must be also approved by the next, before it is sub- mitted to the vote of the people : Resolved, By the General Assembly of the State of Indiana, That the following amendment be and is hereby proposed to the Constitution of the State of Indiana, to be submitted to the vote of the Electors of the State — viz.; Article 17, as follows: “Sec. I. The manufacture, sale, or keeping for sale, in said State, spirituous, vinous, malt liquors, or any other intoxicating liquors (except for medical, scientific, mechanical, and wines for sacramental purposes) shall be and are hereby prohibited in the State of Indiana. “ Sec. 2. The General Assembly of the State of Indiana shall provide by law in what manner, by whom, and at what place such liquors should be manufactured or sold for medical, scientific, and sacramental purposes.” Constitutional Prohibitio7i. 83 HOW TO AMEND STATE CONSTITUTIONS. Hon. S. D. Hastings, of Wisconsin, has carefully prepared the following account of the various meth- ods of amending State Constitutions : “To amend the Constitutions of Alabama, California, Colora- do, Illinois, Kansas, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Texas, and West Virginia the proposed amendment must be submitted by a three-fourths vote of one Legislature, and then go to the people for ratification. To amend the Constitu- tions of Arkansas, Minnesota, and Missouri the proposed amend- ment must be submitted by a majority vote of one Legislature. To amend the Constitutions of Indiana, Iowa, New Jersey, New York, Pennsylvania, Oregon, Rhode Island, Virginia, and Wis- consin the proposed amendment must be submitted by a ma- jority vote of two successive Legislatures, and then adopted by a majority vote of the people, except in Rhode Island, where a three-fifths vote is required to adopt. In Georgia, Florida, Nevada, and South Carolina the proposed amendment must pass two successive Legislatures by a three-fourths vote before it goes to the people. In South Carolina, however, the second vote in the Legislature must be after the amendment has been passed upon by the voters. In Maryland, Nebraska, North Car- olina, and Ohio a three-fifths vote of one Legislature can sub- mit an amendment, and it can then be adopted by a majority vote of the people. In Connecticut an amendment must be proposed by the House of Representatives, approved by a three- fourths vote of the succeeding Legislature, and then sent to the towns to be ratified. In Delaware an amendment must be proposed by a three-fourths vote of the Legislature, and, after having been extensively published, ratified by a three-fourths vote of the succeeding Legislature, when it becomes a part of the Constitution without a vote of the people. In Tennessee it requires a majority vote of one Legislature and a three-fourths vote of the succeeding one to submit an amendment, when a majority of the people adopts. In Vermont an amendment can be submitted by the Council of Censors, and then adopted by a convention called for the purpose. In New Hampshire an 84 Constitutional Prohibition. amendment must be submitted by a convention, and adopted by a three-fourths vote of the people. In Kentucky the Constitution can only be amended by a convention called for the purpose.” GENERAL PETITION. The following is a general form of petition which can be used in any State : To the Sejiate and Assemhty of the State of : The undersigned, adult residents of ^ Assem- bly District, County, respectfully and earnestly pray your honorable body to adopt, and submit for ratification to the voters of the State, as duly and legally provided, an amendment to the State Constitution, to forever prohibit the manufacture and sale as a beverage of all intoxicating liquors within the jurisdiction of this State. CONSTITUTIONAL AMENDMENT ASSOCIATION. The following is the form of Constitution adopted by the State Amendment Association of Iowa: PREAMBLE. Whereas, The evils of intemperance are still existing to such an extent in our State as to demand of all classes of citizens continuous and united efforts for their suppression ; and. Whereas, Botli moral and legal forces can be successfully united to that end ; and, Whereas, Prohibition should be incorporated in the organic law of the State as the Declaration of a Principle by the people ; and should be supple- mented by Legislative enactments enforcing the same ; Therefore, for the accomplishment of these purposes, we, the undersigned, hereby associate ourselves together, and adopt the following ARTICLES OF INCORPORATION. I. name and place. This corporation shall be known as the State Prohibitory Amendment Asso- ciation of Iowa, and its principal place of business shall be at Des Moines, Iowa, Constitutional Prohibition. 85 II. OBJECTS. The objects of this Association shall be to procure the submission, adoption, and enforcement of the proposed amendment to the Constitution of Iowa, pro- hibiting the manufacture and sale, within this State, of aU intoxicating liquors as a beverage, including ale, wine, and beer. III. CAPITAL STOCK. The capital stock of this Association shall be $100,000.00, divided into one hundred thousand shares of $i each, with a provision for honorary member- ship by the payment of the sum of $5 by any one person, but certiGcates of honorary membership shall be non-assessable. IV. OFFICERS. The officers of this Association shall consist of a Board of Directors of one from each Congressional district in the State, and in addition thereto the Pres- ident or chief officer of each State Temperance Organization in the State, and said Board of Directors at their annual meetings shall annually elect from among the stockholders a President, a Vice-President, a Secretary and Treas- urer, who shall hold their office for one year, or until their successors are duly elected, and they shall perform the duties usually required of such officers. V. MEMBERSHIP. Any person may become a member of this Association by subscribing for one or more shares of the capital stock, and the payment of one dollar for each share, and may become an honorary member by the payment of $5. The pay- ment of $25 by any one person at one time shall constitute such person a life member, and he shall be entitled to one vote. VI. MEETING. The first annual meeting of this Association shall be held at the same time and place as that of the next annual temperance jubilee, and, each annual meeting thereafter, shall be held at such time and place as the President, Vice- President, Secretary and Treasurer shall designate ; and at each annual meet- ing a full report of all the doings of the Directors, and other officers of the As- sociation, shall me made, together with a minute statement of the collection and disbursement of the funds. The officers shall be reimbursed for aU their nec- essary expenses incurred in the discharge of their respective duties. VII. FUNDS. The funds of this Association shall be placed in the hands of the Treasurer, who shall pay them out upon the written order of the President, countersigned by the Secretary, and they shall be used exclusively for the purpose of procur- ing the submission, the adoption, and the enforcement of the prohibitory amendment to the Constitution of Iowa — First — By aiding the thorough organization of the friends of the proposed amendment. 86 Constitutio7ial Prohibition. Second — By the circulatioin of temperance literature and the employment of temperance lecturers and organizers, and in prosecuting the violators of law against the sale of intoxicating liquors, and the fulfillment of the provisions of these articles of incorporation. VIII. DIRECTORS. The Directors of this Association shall have the power to assess the capital stock of this Association any amount not to exceed the sum of $i per annum upon each share of stock, and may declare the stock of any member forfeited when the assessment made thereon shall remain unpaid for six months after he shall be notified of such assessment, by written or printed notice through the mail, by the Secretary ; but no assessment of stock shall be made during the first year. IX. PRIVATE PROPERTY. The private property of the stockholders of this Association shall not be liable for corporate debts. X. INDEBTEDNESS. This Association shall at no time contract for or have an outstanding and unpaid indebtedness exceeding the sum of $i,ooo. XI. REMOVALS AND VACANCIES. The Board shall have power, and it shall be its duty, to fill all vacancies that may occur in the Board, and on failure of any officer or member of the Board, from any cause, to perform his duty, the Board shall have power to remove him and supply his place. XII. AMENDMENT. The Constitution or By-Laws may be amended at any annual meeting, by a majority vote of the stockholders present in person. BY-LAWS. 1. EXTRA MEETINGS. The President and Secretary shall have power to call an extra meeting of the Directors, upon ten days’ notice, at such time and place as they may see fit, but the call must state in general terms the object of the meeting. 2. TREASURER’S BOND. The Treasurer of the State Association shall give a bond in the penal sum of ten thousand dollars for the faithful performance of his duties, said bond to be approved by tlie President and Secretary of the Association, who shall hold said bond in their possession. 3 . QUORUM. Five Directors are necessary to constitute a quorum for the transaction of business. Constitutional Prohibition. 87 4. MISCELLANEOUS. For the purposes of this campaign the Directors from the Congressional dis- tricts shall constitute a State Central Committee, who shall have general charge of the work in the State, and who shall provide for the organization of a County Central Committee, of not less than three in each county, to have special charge of the canvass in their respective counties, and one of the mem- bers of said County Committee shall be Treasurer thereof, whose duty it shall be to receive and disburse all funds raised within his county, save and except as provided in the next by-law. s. CERTIFICATES OF STOCK. The officers of this Association shall prepare certificates of stock and of hon- orary and life membership, which certificates shall be sold by or through the agency of the district Directors, the presiding officers of the County Com- mittee, and duly-accredited temperance lecturers, and organizers. The money received for such certificates of stock and honorary membership shall be divided by the party receiving the same, and paid equally to the Treasurer of the State Association and the Treasurer of the county where raised. 6. AMENDMENT ASSOCIATIONS. We recommend that the organization of amendment associations in districts, counties, torvnships, and school districts shall be carried on according to the Constitution sent out by the State Association last year ; and we urge all amendment associations in the State to heartily further the objects of the State Prohibitory Amendment Association, of which they are considered auxiliaries. VOTERS’ PLEDGE. The following is a form of Voters’ Pledge used in the State of Minnesota : We, the undersigned, do severally hereby pledge ourselves not to vote for any person to be a member of the Legislature of the State of Minnesota, which is to meet January, 1883, who has not pledged his sacred honor, as a man, to vote in the Legis- lature assembled, for a bill which shall submit to the people of this State, for their approval or rejection, an Amendment to the Constitution of the State, which shall prohibit within its bounds the importation, manufacture, and sale of all intoxi- cating liquors, as a beverage. 88 Constitutional Prohibition. The following is a Membership Card used in Alle- gheny County, Pa. : MEMBERSHIP CARD. Coiistitutioiml l^mniliranit dissociation. Pa., 1 88 I do hereby become a member of the Constitutional Amendment Association of Allegheny County, and pledge my assistance to elect members to the Legis- lature who are favorable to submitting to the voters of the Commonwealth an Amendment to the Constitution prohibiting the manufacture or sale of Alco- holic Liquors, as a beverage. Name. Residence. Fiill Mefuber, $ Associate Me77tber, $ FORM OF CONSTITUTION. The following is a form of Constitution for County and Local Councils in Indiana, which were formed specially for Constitutional Amendment w-ork : FORM OF CONSTITUTION FOR A COUNTY TEM- PERANCE COUNCIL. ARTICLE 1. This organization shall be called the Temperance Council of County, auxiliary to the Grand Temperance Council of the State. ARTICLE 11. Its object shall be the thorough organization and effective work for combating intemperance, and securing the proposed prohibitory Constitutional Amend- ment now pending in the State. ARTICLE III. This Council shall consist of its officers and delegates from temperance or- ganizations, churches. Sabbath-schools, neighborhoods, and all other persons Constitutional Prohibition. 89 who will pledge themselves to the objects and work as herein set forth, by sign- ing the Constitution and assisting in its work. ARTICLE IV. The officers shall be a President, one Vice-President from each to^vnship, ward, or voting precinct, a Corresponding and a Recording Secretary, and a Treasurer, who shall be elected semi-annually, and perform the duties usual to such offices. There shall be an Executive Committee of persons, of which the officers shall be ex officio members. ARTICLE V. There shall be appointed a special committee of three on organization for each township, of whom the Vice-President for such township shall be chair- man. The duties of such committees shall be to consult the needs of their re- spective townships, and proceed at once to the establishment of some one or more forms of temperance organization within their jurisdiction, and inaugu- rate such plans of work as will most effectively secure a preponderance of or- ganized temperance sentiment therein. The chairman shall report the status of the work at each meeting of the Council, or oftener, if required by the Council or the President. ARTICLE VI. The Council shall be executive in character, and shall in no way interfere with the plans or distinctive forms of work of any temperance society whatever, but shall in every consistent manner contribute its energy to the advancement of all, with a view to establishing such forms of temperance organization in every locality as its citizens may prefer. ARTICLE VII. The meetings of the County Council shall be held month- ly, at such time and place as it may vote, or as may be appointed by the Presi- dent and Corresponding Secretary, and in different parts of the county when practicable. The regular meetings and shall be the regular semi-annual meetings for the election of officers. The Executive Committee may call mass meetings whenever and wherever the interests of the work require. ARTICLE VIII. The Corresponding Secretary shall report semi-annually to the State Cor- responding Secretary of the Grand Temperance Council the names of officers, members of the Executive Committee, and township or ward committees. The Executive Committee shall appoint semi-annually a financial agent to collect funds for State and local work, according to the State financial plan. ARTICLE IX. Such amendments or by-laws may be adopted at regular monthly meetings as may be deemed necessary, due notice having been given at the previous monthly meeting. 90 Constitutional Prohibition. CONSTITUTION FOR A LOCAL TEMPERANCE COUNCIL. ARTICLE I. This organization shall be called the Temperance Council of auxUiaiy to that of the county and State. ARTICLE 2 . Its object shall be vigorous and effective work in combating intemperance and securing the proposed prohibitory Constitutional Amendment now pending in the State. ARTICLE 3. It shall consist of all persons who will pledge themselves to the work as herein set forth, by signing this Constitution and assisting in its labor. ARTICLE 4. Its officers shall be a President, one Vice-President (one for each ward if it be a city or incorporated town, and one for each voting precinct outside of the city or town), a Secretary, a Treasurer, and an Executive Committee of five per- sons, of which the officers shall also be ex officio members and the President shall be chairman. ARTICLE 5. Its regular meetings shall be held weekly (or semi-monthly, or monthly), and such other meetings shall be held cis the Executive Committee or the Coimcil shcdl determine upon. The first regular meeting in and shall be the semi-annual meetings for the election of officers. ARTICLE 6. There shall be appointed a-committee of three in each ward, district, or pre- cinct, of which the Vice-President for such ward, district, or precinct, shall be chairman, whose duty it shall be to inaugurate such form of temperance work and appoint such sub-committees as will effectually develop and utilize aU the latent temperance forces within the jurisdiction of each. No temperance or- ganization shall be interfered with, but aU shall be fostered and encouraged. A committee on programme shall furnish interesting exercises for the meet- ings of this Council when desired, and such other committees on special lines of work shall be appointed, as will enable the Council to secure a preponder- ance of temperance sentiment within its jurisdiction. ARTICLE 7. Amendments or by-laws may be enacted by a majority vote at any regular meeting, due notice having been given at a previous regular meeting. CONSTITUTIONAL AMENDMENT CATECHISM FOR W. C. T. U., BANDS OF HOPE, AND OTHER TEMPERANCE WORKERS. Ques. What is true temperance ? Ans. The proper control of the appetites. Ques. What is the rule of action for all true temperance people 2 Ans. Moderation in the use of good things, total ab- stinence from bad things. Ques. What is the duty of all true temperance people 2 Ans. Their duty to society is to teach what they prac- tice, and to pursue, as far as they are able, approved lines of temperance work. It is their duty to the State and nation of which they are citizens, to labor by head and heart and hand for the entire overthrow of the manu- facture of and traffic in all alcoholic beverages. Ques. What do you mean by the State 2 Ans. An association of persons under one govern- ment. In this book it is used to distinguish any one of the “United States.” The people of the whole United States are called the nation. Ques. Has the State a right to abolish any trade or busi- ness carried on by its citizens 2 Ans. Yes, when that trade or business injures the people. ( 91 ) 92 Constitutional Amendine^it Catechism. ■ Ques. How does this business injure the people 2 Ans. {a) It destroys the grain that God intended for food for man and beast, (b) The use of alcoholic beverages lessens a man’s ability to labor, and thus to be himself a source of wealth to the State, (r) It produces pauper- ism and insanity, vice and crime, which demoralize the citizen and ruin the State, {d) The care of the idle, the vicious, the insane, the poor, the criminal, imposes a burden of taxation upon the industrious and sober, which is a usurpation of power by the State, {e) The payment of taxes is legitimate, and every member of society ought thus to contribute of his means to a com- mon fund, which shall be appropriated to the common welfare, and to care for the unfortunate poor, the af- flicted, and the aged ; it is not right, however, to uphold a business that, for its own benefit, increases these bur- dens. This the liquor traffic does. Ques. Hoes the State now atteinpt to control this traffic? Ans. All the States attempt some control. These laws are called local option, license, tax, or prohibitory, according to the manner in which they deal with the traffic. Ques. How are local option., license, and tax laws defective ? Ans. They are wrong in principle, and do not accom- plish the desired result. Ques. How about prohibitory laws ? Ans. They are right in principle and beneficent in result. Ques. What is the best form of prohibitory legislation ? Ans. Constitutional prohibition, with enforcing stat- utes. Ques. What is a Constitution ? Ans. {a) It is the organic law of a State or nation. A plan of government, {b) It is a statement of principles. Constitutional Amendment Catechism. 93 an agreement of mutual obligations by which the people consent to be governed, (c) It divides and limits the functions of government, into the legislative, the judi- ciary, and the executive. Ques. JV/io makes the Constitution of a State ? Ans. The people of the State. Ques. Why do the people make it 2 Ans. Because all political power inheres in the people. They are sovereign in a free government. Ques. How do the people make it ? Ans. They could not all meet together in a common place, because they are so many ; so they choose persons to meet in a convention, called a Constitutional Conven- tion ; these persons frame what they term a Constitu- tion. This is submitted to the people at an election called for that purpose. They then vote upon it, and either adopt or reject it. If rejected, the people call another convention, and try again to make one they can agree to adopt. If adopted, it thus becomes the voice of the people. Ques. Of all the people! Ans. No ; of qualified electors only. Paupers, crim- inal idiots, and women can not be qualified electors, Ques. What is the object of government! Ans. The protection of human rights. The Declara- tion of Independence says ; “ We hold these truths to be self-evident, that all men are created free and equal, en- dowed with certain inalienable rights, among which are life, liberty, and the pursuit of happiness.” To secure these rights. Governments are instituted among men. Ques. Dees the Constitution have anything to do with the happiness of the people ! Ans. The perfection of a State, and its aptitude to fulfil the ends of society, depends upon its Constitution 94 Constitutional A mendment Catechism. Ques. Can a Constitutio7i he changed ? Ans. It can. The same power which made can change that which is made. Ques. Are Co}istitiiiions often amended 1 Ans. Yes. The history of the progress of a people is written in its Constitution, and it must ever be open to recognize the advance in each age. The “better insti- tution of rights,” the “broader domain of freedom,” must find its voice in the Constitution. Ques. What are proper subjects of Cojistitutional law 1 Ans. Interests that are broad and general, essential and vital to the whole people. Ques. What are statutes ? Ans. They are rules and regulations made for enforc- ing the letter and the spirit of the Constitution. Ques. How are Constitutions amended 2 Ans. Every Constitution provides for its own amend- ment. Sometimes the Governor is required, at certain times, to inquire of the Legislature if the people desire the calling of a Constitutional Convention ; or, in other States, the Legislature may, upon its own motion, or upon the petitions of a respectable number of citizens, propose an amendment, and submit the same to the votes of the people. Sometimes a two-thirds vote of one or two successive Legislatures is required before it reaches the people. Sometimes a majority vote of the people will adopt it, sometimes it requires a two-thirds vote. These steps are definitely set forth in each Con- stitution, and must be accurately followed. Ques. Who jnakes the statutes? Ans. The Legislature. Ques. What is the Legislature? Ans. A number of qualified electors, chosen from and by the people, who meet at the capital of the State at Constitutional Amendment Catechism. 95 certain specified times, and deliberate upon the welfare of the people and their needs under the Constitution. The result of their deliberations they embody in statutes. Ques. Are statutes always just and good? Ans. They are not. Sometimes lawmakers are igno- rant, sometimes careless, sometimes wicked. Sometimes a statute, good in itself, is not in harmony with the Con- stitution, and then is declared unconstitutional by the Supreme Court ; or sometimes, perhaps, a statute, though bad in itself, is not unconstitutional. Thus it appears that the character of Constitutions is of vital importance to the welfare of the people. Ques. Do Constitutions enforce themselves ? Ans. They do not. They set forth certain rights, but do not provide means of securing the same, or penalties for their violation. They define certain wrongs, but do not give redress against those wrongs. Ques. To what source must we look for the enforcement of the Cofistitution? Ans. To the Legislature for statutes ; to the Courts of law for an application of them to specific instances, and to the Executive for carrying out the same upon the person or thing that transgresses. Ques. What is the relation of Constitutions and statutes to God's law ? Ans. They ought to be in harmony with it, otherwise they will not protect human rights. Ques. Where is God's law concerning governments found ? Ans. In the Bible and in national development. It is called the moral law. Ques. What is meant by the moral law ? Ans. The law by which we know what is right and what is wrong. Ques. What are the sanctions of God's laws ? 96 ConstiUltioyial Amendment Catechism. Ans. Anything which is for our good, or for others’ good, God permits us to do, to have, or to be, and it is right, morally right ; but anything which hurts us, or our neighbors, God forbids us to do, to have, o-r to be, and it is wrong, morally wrong. Ques. Ca7i a7iything which is contrary to God’s law ever be made 7'ight by huma7i law ? Ans. It can never be morally right ; the Bible calls these unrighteous decrees. Ques. What are so7ne of these which existed hi former times ? Ans. Protection of duelling, lotteries, and African slavery. Ques. What unrighteous laws now disgrace our people I Ans. Gambling and liquor-license laws, and some others. Ques. How do we know these are imrighteous laws ? Ans. They prove themselves to be such, for they do not make the people good and happy who do just what the law allows. Ques. Does the Bible speak co7icer7ii7ig liceTise a7id tax laws ? Ans. It says, “Woe to him that giveth his neighbor drink, that puttest thy bottle to him and makest him drunken also.” “Woe to him that buildeth a town with blood and establisheth a city by iniquity.” The Gospel rule of love certainly condemns liquor-selling. The law ought to be a “ terror to evil-doers and a praise to those who do well.” Ques. How do te77ipera7ice people desire the Co7istitutions of the States a77ie7ided ? Ans. By putting in provisions forever prohibiting the manufacture and sale of all alcoholic beverages, and in- structing the Legislature to pass enforcing statutes. Constitutional Amendment Catechism. 97 Ques. Why is Constitutional Prohibition better tha7i mere statutes 2 Ans. It is more permanent and dignified, and compels the enactment of statutes. It takes the question out of party politics, and gives it to the people. After the people have spoken through the Constitution, all parties must respect their will. Ques. Why do Constitutions compel enforcing statutes ? Ans. Because every member of a Legislature, before he takes his seat, takes an oath to defend the Constitu- tion and the law. Ques. How have the people been forced to a consideration of Constitutional P rohibitio7i ? Ans. The criminal classes of the great cities, and the careless voters everywhere, have elected men to the Legislature who have neither feared God nor regarded man. They have, by definite purpose or criminal negli- gence, allowed the traffic to intrench itself among the in- stitutions of society. They have disregarded the claim of the women and children to be protected from the traffic. This condition of things has grown so grievous that it can no longer be endured, and the people — such as can vote — are rising in righteous indignation, and are sweeping the traffic in alcoholic beverages from the State and from the nation. Ques. Ca7i wo77ie7i a7id childre7i do a/iythvig to help in so glorious a work 2 Ans. They can, for the love of God and home and native land, work and sing and pray for the amendment. They can circulate petitions ; they can spread temper- ance literature; they can themselves study the subject so as to be intelligent teachers ; they can use whatever influence they have of time, talent, and money in carry- ing on the general work, and in the “ Harvest Home ” all shall rejoice together. 98 Constit 7 itio 7 ial Ame^idinent Catechism. es. How can the whole nation be saved from the traffic I Ans. When three-quarters of the States, having driven the traffic from their own borders, or desiring to do so, shall vote to amend the Constitution of the United States, it can then be made to prohibit the importation, manufacture, and sale of all these liquors in any place over which the flag floats. Ques. Is the National Constitution amended in the same manner as the State Constitutions are I Ans. Very nearly in the same way. Congress sub- mits the question to the Legislatures of the States, not to all the people of the States. When two-thirds of these adopt, then it is done. Ques. Has any effort been made in this direction ? Ans. The National Temperance Societ}" and thft Woman’s National Christian Temperance Union have for years been petitioning for such an amendment. In December, 1876, the Hon. Henry W. Blair, of New Hampshire, then a Congressman, introduced into the House of Representatives a joint resolution proposing an amendment — on this subject — to the Constitution of the United States. He has since introduced the same amendment into the Senate, being now a member of that body. Ques. Has Congress now any control over the traffic ? Ans. It has exclusive control in the District of Colum- bia and the Territories. It might banish the entire traffic from these parts of the country. It also imposes a revenue tax upon the business everywhere. This is wrong, and ought to be abolished. It is blood-mone3q and it is written, “ Sin is a reproach to any people ; and blessed is that people whose God is the Lord, who have respect unto His Commandments, and keep His law, because it is not a vain thing for them. It is their life.” Constitutional Amendment Catechism. 99 Ques. JFhat reason have we to believe Constihitional Pro- hibitio?i will yet prevail in all our great coimtry ? Ans. It is written, “ Every plant that my Heavenly Father hath not planted shall be rooted up.” “We take with solemn thankfulness Our burden up, nor ask it less, And count it joy that ev'en we May suffer, serve, or even wait for Thee, Whose will be done ! “ If for the age to come, this hour Of trial have vicarious power. And, blest by Thee, one nleasant pain Be Liberty’s eternal gain. Thy will be done ! “ Strike, Thou the Master, we Thy keys. The anthem of the destinies ! The minor of Thy loftier strain. Our hearts shall breathe the old refrain. Thy will be done ! ” i- v i i \ i I '*y I r 'f > "f; ■j. I } ■ I' V* ^iiiS \-=y ■ ■asr-:;: I