PROHIBITORY LEGISLATION: ITS CAUSE AND EFFECTS.
It has been well said that “the best government is that which governs least”; and it might with infinite propriety be added that the legislative body stultifies itself when it passes laws that cannot possibly be carried into effect. One such law on our statute-books, yet constantly and notoriously violated, does more to destroy that political morality with which our people are, to say the least, not overburdened—of which certainly there is no surplus—than would ten wrong practices against which no law exists. We learned, during the late war, of how little avail legislation is when it undertakes to regulate and declare the value of gold; and it is designed briefly to set forth in this article that the proposed much-vaunted prohibitory legislation touching alcoholic liquors is false in theory, must be unsuccessful in practice; that remedial (not repressive) measures are what is required; and to suggest means by which the end aimed at by such enactments can be attained without invading the domain of the church, the free-will of humanity, or placing the state in the odious light of executor of a grinding tyranny exercised by a temporary majority over a recalcitrant minority.
And here, in the outset, let it be understood that there is no difference between ourselves and the most ardent favorers of the Maine Law, or any similar enactment on this matter, concerning the detestable nature of drunkenness, which we both admit to be a damning sin in the sight of God and a crying scandal before man. That it is a loathsome vice is a proposition requiring only to be stated, not argued. Even the wretched being who is enthralled by it will admit this and lament his deplorable condition. The days are past when Fox, Pitt, and Sheridan went openly drunk to the House of Commons; when the usages of the highest society were such that we still retain therefrom the saying, “Drunk as a lord”; when the literature of the age informs us everywhere that gentlemen were not expected to be sober after dinner; when Burns could write in Presbyterian Scotland, “I hae been fou wi’ godly priests”; and when, in our own country, the first thing on entering and the last on leaving a house was a visit to the sideboard. Drunkenness is now deservedly considered by the entire community not only a vice but an inherently vulgar one. Fashionable society will not tolerate it, and there is no pretence of usage any longer set up that will even partially condone it. In short, it is the one unpardonable sin against modern society, and we are well pleased to see it ranked in this category. But while detesting drunkenness, and deprecating, in the strongest manner, the habitual use of intoxicating liquors, we dislike very much to perceive a tendency on the part of the public to ignore the fact that there are other sins besides the abuse of liquor, and that it is not by legal provision that people are to be kept sober. As Almighty God has been pleased to leave us our free-will, the reason is not evident why frail man should seek to take it away; and we object utterly to that queer manipulation by which the word “temperance” itself, the proper meaning of which is “moderation in any use or practice,” should be restricted to the moderate use of alcoholic drinks, much more that it should falsely be twisted and perverted into implying a total abstinence from them. Why should we be wise above what is written? Has Almighty God failed his church? Are we prepared to admit that Christianity is a miscarriage? This we tacitly do when we invoke to her aid the arm of the civil law. It is not to be doubted but there are persons so unfortunately constituted that they cannot use stimulants of any kind without abusing them. “Madam,” said Dr. Johnson to a lady who asked him to take a little wine—“madam, I cannot take a little, and therefore I take none at all!” Such persons must plainly abstain entirely; whether they shall do so of their own accord, by taking a simple pledge or by joining a “temperance society,” is for themselves to answer. In any case there is no safety for them save in total abstinence; but said abstinence, to have any merit whatever, must be voluntary, not one of legal enforcement.
While attention had, from time to time within the last century, been called to the intemperate use of alcoholic liquors, it is only within comparatively recent times that any organized efforts have been made to grapple with this monstrous evil. The first association for the purpose was made in Massachusetts in 1813. By its means facts and statistics were gathered and published for the purpose of calling the attention of the public to the magnitude of the evil, and suggestions made for its abatement or suppression. Similar associations were soon formed in adjoining States, and these again organized branches, until associations of the kind existed in nearly all the Eastern and Middle States. About 1820 there was formed in Boston “The American Society for the Promotion of Temperance,” which in 1829 had over one thousand auxiliary societies, no State in the Union being without one or more. The influences relied upon by this institution were the dissemination of tracts in which were portrayed the evil effects of the use of alcohol, and the employment of travelling lecturers to deliver addresses in favor of temperance. The first society professing the principle of total abstinence from intoxicating liquors was formed at Andover in 1826. These several societies, under one form or other, soon spread largely not only in our own country but in Canada, England, and Scotland, until they existed by hundreds in each; and about this time the word temperance began to lose its normal signification, and to be used as a synonym for total abstinence from the use of liquors. Teetotalism became the popular cry. The country was taken by storm; lecturers loomed up all over the States, administered the “pledge” publicly to hundreds of thousands; various minor denominations refitted their terms of communion in accordance with the new war-cry. In Ireland the cause of total abstinence was so successfully advocated by Very Rev. Father Mathew that he is stated to have administered the pledge to more than a million persons within three years from 1838; and since that time there has been, in the popular mind, no such thing as temperance, except in the sense of total abstinence from all that can intoxicate. All the former associations which proposed to themselves any such secondary and inefficient object as moderation in the use of liquors, or which administered either a partial pledge or one merely for a specified time, were disbanded or fell out of sight. Societies of Washingtonians, Sons of Temperance, Good Templars, and Rechabites sprang up, most of them secret and with signs, passwords, grips, tokens, etc., the members of which were pledged neither to touch, taste, handle, buy, sell, manufacture, nor use as a beverage the accursed thing. In 1851 the Legislature of Maine passed the well-known “Maine Law,” by which it was made penal to manufacture, have in possession, or sell intoxicating drinks. The law was repealed in 1856, and it has since been lawful to distil, keep, or sell spirits under certain restrictions, but drinking-houses are prohibited. A similar law was enacted in Massachusetts in 1867. In many of the States there is a law prohibiting the sale of liquors on Sunday, and in a majority the local-option law (which leaves the question whether license to sell spirits shall be granted or not to the decision, at the polls, of the people of each city, town, township, or county) is now in full blast, with results that we shall glance at hereafter. A political party has been formed in many States, under the name of “prohibitionists,” which, though as yet but rarely sufficiently numerous or powerful to elect a governor on that single issue, yet numbers adherents enough frequently to hold the balance of power between the two prominent parties, and thus extort from candidates very important concessions in their own interests. They are active, energetic, conscientious in the main, and they besiege the various legislatures with petition upon petition against the liquor-traffic, which, to their minds, is the sum of all iniquities. The various religious sects come to their aid, loudly decrying all traffic in, and use of, spirituous drink. Matters have been brought to such a pass that a man’s reputation is imperilled by taking a glass of liquor; and there is yet wanting but the one further step of making its use illegal and its procurement impossible—a course strongly and unhesitatingly urged by almost all the various supporters of what is nowadays called temperance, and which seems quite likely to succeed, should the upholders of these views increase in numbers for a few more years as they have done within the last two decades.
It is a law of all fanatical movements, and one of their most peculiarly dangerous features, that they readily enmesh large numbers of people, and that their workings, tendencies, and developments fall of necessity, in the long run, into the hands of the extremists, the intransigentes, among themselves. Nor has this movement proved an exception, as is seen in the attempt made by legal enactment to coerce people into the practice of an enforced abstinence from stimulants—an abstinence not shown to be physiologically desirable, not commanded by the church, and most assuredly not inculcated in Scripture. But in secret societies always, in sectarian combinations generally, and oftentimes in political parties, the experience of all ages shows that people first set up for themselves a master, and then obey him like so many slaves. They do this, too, under the delusion, for the most part, that they are carrying out their own convictions of right. It is much easier to join one of these secret organizations in a flush of curiosity, enthusiasm, or other temporary excitement than it afterwards proves to leave them in calm blood. Ties of acquaintance and quasi friendship have been formed which most men strongly dislike to break. Good care is usually exercised that “the rhetorician, from whom,” as Aristotle says, “it is an error to expect demonstration,” shall be on hand to stimulate, exhort, inspirit, and incite to still further and more vigorous exertion; the boundaries between right and wrong fade away from the mental view; and few start in on this false track who fail to accompany their misled companions as far as the archbigot or archfanatic may choose to take them.
Within the Catholic Church a large number of total-abstinence societies have been formed, of course with her sanction. Most of these are at the same time beneficial institutions, which in case of sickness give the member, and in case of death to his nearest kin, a certain allotted sum. But probably most priests on the mission will say that the great mass of Catholics who feel the necessity for them of such abstinence take the pledge as individuals at the hands of the priest, either for a certain term or for life, without joining any special society. An immense amount of good has thus been accomplished, particularly among the poorer and laboring population, a very large proportion of whom are Catholics, and, from their circumstances and inevitable surroundings, most in danger of falling into temptation in the matter of drink, as well as most certain to suffer very severely from its effects. But it has at no time been, nor is it now, any part of the teaching of the church that her children shall not manufacture, buy, sell, and use (should they be so disposed) vinous, malt, or spirituous drink. Condemning the abuse of them, and reprobating drunkenness as a mortal sin, she yet allows to her children the moderate use and enjoyment of that wine which our Blessed Lord himself made for the use of the guests at the wedding at Cana, as well as of the other forms of it, which no physician or chemist ever found to be injurious per se until it chimed in with a cry emanating from a large, an influential, possibly a well-meaning, but in our view certainly, if so, a false-thinking, or it may be a deceived, portion of the community.
And here it may be well to note the unpardonable arrogance of assumption with which the intemperately temperate of all sorts take it for granted that all intelligence and morality belong peculiarly to those who inculcate or practise this one principle of abstinence from liquors. We see it displayed most offensively, indeed, among the variously bedizened and becollared gentry of the divers oath-bound secret societies, and among such sectaries as practically make total abstinence a term of communion; but truth compels us to go further, and to admit the tendency, even among Catholics, on the part of those who have ardently attached themselves to the societies got up with this view, to treat all outsiders as though living on a lower plane of piety and morality than themselves. “Stand thou off, for I am holier than thou” is too frequently their language in effect, if not in words; and, indeed, that is an almost inevitable effect of what the Scotch call “unco guidness.” However, the teaching and tenets of the church remain what they have always been, and the Catholic manufacturer or vender of wines and spirits, the total abstainer and the moderate drinker, go to confession, receive absolution and holy communion, together; nor do intelligent or well-instructed Catholics imagine for a moment that the formal pledge of abstinence from intoxicants, or membership in a total-abstinence society, are anything more than adminicula to the individual whom his own weakness, the circumstances under which he earns a livelihood, or other reasons place in peculiar danger with reference to this vice.
But there must be some strong reason why an all-pervading necessity has been felt, in this century, for doing something in regard to drunkenness, the need of which (if ever previously perceived) has certainly never been acted upon by the most enlightened nations, whether of antiquity or of modern times. Lot was made drunk; Noe was drunk; Nabal and the Ephraimites were “drunken withal”; and all the evils and phenomena of intoxication are fully described in various passages of the Old Testament, always with reprobation, but there is not to be found in the entire book the slightest disapproval of the use of the fruit of the vine. On the contrary, oblations of wine to the Deity are enjoined upon the children of Israel; and the most horrible judgments denounced by the prophets of God upon the Jews consist in their being deprived of wine. In New Testament times our Saviour was called by the Pharisees (the prototypes of our ultra-abstainers) a wine-bibber; yet the same Jesus does not deem it at all necessary to proclaim himself on the teetotal side, or to leave us any precept against the use of wine. On the contrary, he institutes in wine the sacrament of his love, thus rendering the manufacture of wine necessary till the end of time. He himself changes water into wine. His apostles nowhere discourage its use, while they frequently speak of and upbraid professing Christians with its abuse, and one of them actually advises another to drop water and use a little wine for sanitary reasons. It would be sheer waste of time to undertake to refute those very ignorant or very dishonest persons who try to make it appear that wine, when mentioned in Scripture with commendation, is merely the unfermented juice of the grape, and that the shechar, tirosh, and yayin were only intoxicating when excess in their use was reprobated. Either these people know better, and are wittingly making use of a dishonest argument, or their ignorance is too dense to be penetrated by any proof, however cogent. The reader who may wish to see this branch of the subject succinctly yet exhaustively treated should refer to an article in the Westminster Review for January, 1875, entitled “The Bible and Strong Drink.”
The Greeks and Romans cultivated the vine very largely, made and used wine habitually; but their whole literature, while teeming with reference to the use, in no single instance commends the abuse, of wine. That the Spartans were accustomed to make their slaves intoxicated, in order by their example to deter young men from becoming addicted to the vice, is as well attested as any fact in history; while even in the worst periods of Roman story drunkenness is invariably referred to as disgraceful in itself, never to be predicated of people entitled to respect, and relegated, even at the Saturnalia, to the rabble and to slaves.
In the Stromata of St. Clement of Alexandria, who lived in the latter part of the second century, we find allusion made to a few who at that day attempted to disturb the harmony of the church by imitating the example which they professed to consider set them in the narration by the Prophet Jeremias of the story of the sons of Jonadab-ben-Rechab, and we find those persons classed by him with those of whom the apostle speaks, as “commanding to abstain from that which God hath ordained to be received with thanksgiving.” Two centuries later St. Chrysostom and St. Augustine both pointedly condemn, as acting “plainly and palpably contrary to Scripture and to the doctrine of the Church,” some who, fancying they had attained spiritual information not generally accessible, tried to introduce among Christians the vow of the Nazarites. From that time till the former half of the present century we read, indeed, of drunkenness as existing; for that matter, we know of its existence in the earliest ages, and in all times and countries since, just as we do of incontinence, of theft, and of suicide by poison. It was reserved for the nineteenth century to attempt to do away with the possibility of the vice of drunkenness by rendering penal the production of the means; which is as though the law should step in to render men chaste by emasculation, theft impracticable by the abolition of property; and not in the least more feasible than would be the carrying out of an edict against the production of animal, mineral, or vegetable poisons.