Writ of prohibition

“ The genius, the nature, the spirit of our state governments amount to a prohibition of such acts of legislation, and the general principles of law and reason forbid them. Per Chase, J. Ibid.
15. The words and intent of the prohibition embrace, 1st, every law that makes an action done before the framing of the law, and which was innocent when done, criminal, and punishes such action; 2d, every law that aggravates a crime, or makes it greater than it was when committed; 3d, every law that changes the punishment, and inflicts a greater punishment than the law annexed to the crime when committed ”

“ Whatever prohibition there is, is a means to the same purpose, made necessary, it may be supposed, by the persistence of evil and its insidious forms and the experience of the inadequacy of penalties or other repressive measures. ”

“ A law the violation of which in the class of instances in which the Government does seriously undertake to enforce it--bootlegging, smuggling and moonshining--is condoned, aided and abetted by hundreds of thousands of our best citizens? ”

“ WELL MEANING exhorters, shocked at the spectacle of millions of perfectly decent and law-abiding Americans showing an utter disregard of the Prohibition law, are prone to insist that to violate this law, or to abet its violation, is just as immoral as to violate any other criminal law. ”

“ The principle that Federal jurisdiction must be everywhere the same, under the same circumstances, has not been departed from. The prohibition rests on grounds which, so far from making a distinction between the States, apply to them all alike. ”

“ If a law is not enforced to any extent, it is a thousand times worse than if there was no such law on the statute book. Any prohibition law under the present condition of public sentiment is difficult of enforcement ”

“ One prohibition is, "that no person shall be deprived of his property, immunities, or privileges, put out of the protection of the law, or deprived of his life, liberty, or estate, but by judgment of his peers or the law of the land." ”

“ The constitutional prohibition was intended to protect every man's rights against that kind of legislation which seeks either to inflict a penalty without a trial or to inflict a new penalty for an old matter. ”

“ I am persuaded, there is at least as much danger that they will lay hold on such an individual, as that they will condemn a man to death for doing that which, when he committed it, was no crime. The gentleman says, it is impossible the Legislature should ever think of doing such a thing. Why then expunge the prohibition?... ”

“ The section of the statute in which the provision occurs has relation to removals generally,-those for prejudice or local influence, as well as those for other causes,-and the prohibition has no words of limitation. ”

“ When the States were considering whether to ratify the Constitution, advocates for a separate bill of rights emphasized the need for an explicit prohibition on excessive fines mirroring the English prohibition. ”

“ People therefore feel in their hearts that they are confronted practically with no other choice but that of either supinely submitting to the full rigor of Prohibition, of trying to procure a law which nullifies the Constitution, or of expressing their resentment against an outrage on the first principles of the Constitution by contemptuous disregard of the law. ”

“ Said the Texan: “There always have been, and there always will be, certain besetting sins, and you cannot abolish them by law. People have kept getting drunk ever since Eve got drunk in the Garden of Eden, and I reckon they always will, and you can’t prohibit it by law.”
Poor old mother Eve! The apple must have had hard cider in it. This was the argument of a lawyer, and fairly averages the arguments urged throughout the State against prohibition. Agitation and fair discussion are all that are needed to convince every man that the thing to do with crime is to prohibit it. ”

“ Total prohibition may produce suffering, and may manifest a spirit of unfriendliness towards sister States; but prohibition, except upon conditions derogatory to the jurisdiction and sovereignty of the United States, is mischievous, and productive of hostility and disloyalty to the general government. ”

“ He speaks bitterly of the proposal to permit "light wines and beer," and asks whether any one would propose to permit light burglary or light arson. That man evidently regards indulgence in any intoxicating liquor as a crime, and he looks upon the law as a prohibition of that crime. And he is essentially right, if the law is right. For while the law does not in its express terms make drinking a crime, its intention--and its practical effect so far as regards the great mass of the people--is precisely that. ”

“ But don’t the dissenters in this country take a very firm stand in favor of prohibition? Most Americans are dissenters, aren’t they? If so, then I should think you would call prohibition itself a religious movement. ”

“ It is therefore entirely forbidden to any man to infringe these our precepts and decrees, mandates, statutes, will, approval, prohibition, sublation, abolition, exhortation and request, or to dare to bear witness or proceed against them. ”

“ To strike with crusading frenzy at what you have worked yourself up into believing is wholly an accursed thing is a tempting short cut, but is fraught with the possibility of all manner of harm. In the case of Prohibition, I have endeavored to point out several of the forms of harm which it carries with it. ”

“ THE PHENOMENON OF PROHIBITION The strange phenomenon of Prohibition, after an appearance amongst us of over three years, is still non-understandable to the majority of a great, and so-called free, people. It is one of the most astonishing manifestations the world has ever witnessed. It came upon us like a phantom, swiftly; like a thief in the night, taking us by surprise. Yet the Prohibitionists will tell you that no one should be amazed, since for years—for almost a century—quiet forces have been at work to bring about this very thing. ”

“ DAY after day, month after month, a distressing, a disgusting spectacle is presented to the American people in connection with the enforcement of the national Prohibition law. No day passes without newspaper headlines which "feature" some phase of the contest going on between the Government on the one hand and millions of citizens on the other; citizens who belong not to the criminal or semi-criminal classes, nor yet to the ranks of those who are indifferent or disloyal to the principles of our institutions, but who are typical Americans, decent, industrious, patriotic, law-abiding. ”

“ In the light of present day happenings and with the echoes of rage, despair and lamentation filling our ears, it would be hard to imagine the incredulity with which many worthy, and otherwise, patriots of a former generation would have regarded the possibilities of the present prohibition era. ”

“ It has been realized by a few deep thinkers that no prohibitions have to be made against what nobody ever thinks of doing, and that the existence of a prohibitive law is proof of a widespread tendency to do the thing prohibited. All prohibition is, from the point of view of both conscious and unconscious psychology, unscientific. ”

“ It is true that the individuals whom the Government hunts down by its spies, its arrests, its prosecutions, are men who make a business of breaking the Prohibition law, and most of whom would probably just as readily break other laws if money was to be made by it. ”

“ In order that a person should entertain a genuine feeling that the Prohibition Amendment is entitled to the same kind of respect as the general body of criminal law, it is necessary--even if he waives all those questions of Constitutional principle which have been dwelt upon in previous chapters--that he should regard drinking as a crime. ”

“ Nor can I discover any substantial ground for holding that such destruction could probably aid in an appreciable way the enforcement of any prohibition law then within the competency of Congress to enact. It is not enough merely to assert such a probability; it must arise from the facts. ”

“ Our journals do not make pleasant reading for good Americans these days. They are filled with headlines, which concern the Prohibition law, morning after morning. Not long ago I picked up my newspaper and found no less than seventeen columns devoted to stories of what the police in New York City alone were doing, or trying to do, to make the Volstead Act anything but a huge joke. ”

“ Many laws which interfere with the habits, customs and beliefs of a large number of people, like the prohibition laws, never receive the assent of so large a percentage as to make people conscious of any wrong in violating them, and therefore people break them when they can. ”

“ Besides, any prohibition would increase the desire of removing, and would infallibly prevent strangers from settling in the country. What must we think of a government which has no means, but fear, to keep its subjects in their own country ”

“ We must also admit that if the example of a person who has violated a prohibition leads another to the same action, the disobedience of the prohibition has been transmitted like a contagion, just as the taboo is transferred from a person to an object, and from this to another.
If the violation of a taboo can be condoned through expiation or penance, which means, of course, a renunciation of a possession or a liberty, we have the proof that the observance of a taboo regulation was itself a renunciation of something really wished for. ”

“ Because the enforcement of all laws is in some degree imperfect, it does not follow that there is no disgrace and no mischief in the spectacle of a law enforced with spectacular vigor, and even violence, in a thousand cases where such enforcement cannot be successfully resisted, and deliberately treated as a dead letter in a hundred thousand cases where its enforcement would show how widespread and intense is the people's disapproval of the law. ”

“ In other words, whatever may be the structure of the statute in respect to prohibition and penalty, or penalty alone, that it is not to be taken for granted that the legislature meant that contracts in contravention of it were to be void, in the sense that they were not to be enforced in a court of justice. ”

“ The thing is on the statute-books--nay, in the very Constitution itself --and to offend against it, they say, is as much a crime as to commit larceny, arson or murder. But they may repeat this doctrine until Doomsday, and make little impression upon persons who exercise their common sense. The law that makes larceny, arson or murder a crime merely registers, and emphasizes, and makes effective through the power of the Government, the dictates of the moral sense of practically all mankind ”

“ If this is the rationale of the decision, its consequences are not limited to criminal prosecutions. A prohibition so indefinite as to be unintelligible is not a prohibition by which conduct can be governed. It is not a rule at all ”

“ A few years ago I took dinner with a gentleman who had been elected Governor of one of our States on the Prohibition ticket. We had four kinds of wine during the meal, and a pony of brandy at the end. Prohibition will never be a success until it prohibits the Prohibitionists. And yet I most sincerely hope and believe that the time will come when drunkenness shall have perished from the earth. Let us cultivate the love of home. Let husbands and wives and children be companions. ”

“ If the words which describe the subject-matter of the prohibition are general, including a whole class, . . . we think the charge in the libel ought to conform to the true sense and meaning of the words as used by the legislature. ”

“ I have lived to see seventeen states under prohibition, fifty millions of people of the United States living under prohibitory laws, the Congress of the United States giving a majority vote for submitting national prohibition to the people, and the great empire of Russia going dry in a day. ”

“ It has been asserted that every person in the United States, unwittingly, in 99 cases out of 100, violates every day some Federal State or local law or regulation; perhaps the honest judge himself in going from his home to the court room where he hands down every day his judgments of justice breaks some minor regulation, for which offense a policeman, if he were nearby and had studied his book of regulations carefully enough, could place the eminent judge under arrest. ”

“ When we pray for the erring, the careless and indifferent who never darken a church door, let us not forget the selfish people who do darken the church doors, and darken her altars as well!
But prohibition will not prohibit, say some. For that matter, neither does any prohibitory law; the laws against stealing do not entirely prevent stealing; notwithstanding the laws prohibiting murder as set down in the Decalogue, and also in the statute books of our country, there are murders committed. Prohibition will make liquor less accessible. Men may get it still, but it will give them some trouble. ”

“ The gravest reproach which attaches to that unfortunate act, the one which causes deepest concern among thinking citizens, does not relate to any incidental feature of the Prohibition manoevres. The fundamental trouble lay in a deplorable absence of any general understanding of the seriousness of making a vital change in the Constitution--incomparably the most vital to which it has ever been subjected--and of the solemn responsibility of those upon whom rested the decision to make or not to make that change. ”

“ The restriction, therefore, might be expressed in the same sentence; and a slight inaccuracy of language was the less to be regarded, because it could produce no possible misunderstanding with respect to the extent of the prohibition. ”

“ And is it not of some importance that this great group, who are the mainstay of the Republic, should be laying aside something for the future?
The Prohibitionists will say that they have no sympathy with anyone who willfully breaks the law. But you cannot argue with people who count it no sin to disregard a statute. ”