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The Pamphlet Collection of Sir Robert Stout: Volume 12

No. III

No. III.

Every inordinate cup is unblessed, and the [unclear: ngredient is a devil].

Othello.

The exigencies of the State early led to [unclear: the] practice of raising revenue from the [unclear: drinking] customs of the people, and large [unclear: sums] were annually collected as the [unclear: proceeds] of duties on spirituous liquors. This [unclear: almost] led to an approval of the trade by Parliament, and did much to counteract the stringency of the older statutes. There was no need now for the watchful care formerly exercised, which led in King James's time (7 James I., c. 10, 1609) to the passing of an Act intituled "An Act for Reformation of Alehouse Keepers." The greater the consumption of alcohol the larger the revenue, and hence arose the anomaly of the public exchequer being replenished from the national vice of drunkenness. This contravention of sound principle has been continued ever since, and increased, till, in New Zealand it appears, one-third of the entire customs revenue is produced from the duties on intoxicating liquors. In 1751, during the reign of George II., a clause was introduced into an Act for imposing a duty upon spirituous liquors, and regulating the granting of licenses, which has been of some service. This clause is commonly known as "The Tippling Act." (24 Geo. II., c. 40, sec. 12.) It prevents the recovery by an action at law of debts incurred for spirituous liquors where the amount at one time is under twenty shillings. There is a doubt whether in strict law this Act is in force in New Zealand. The other parts of the statute are clearly not applicable to this Colony, and it is open to argument that a single clause of an Act not applicable to the Colony cannot be selected and enforced by itself. The Act should stand or fall as a whole. It has been decided that the statute of Mortmain does not extend to the colonies. (Whicker v. Hume, 7 H.L., cases 124). The arguments which prevailed in the Mortmain case apply with equal force to the Tippling Act However, the clause referred to has been found so beneficial in its operation that it has been invariably acted upon by the Courts in the Colony. To remove all doubt it is desirable that an Act be passed in that behalf by the colonial legislature, and the principle might with great propriety be extended. It has been suggested and with some show of reason, that the recovery of debts of any kind by process of law should not be allowed. Courts should page break be maintained for the redress of wrongs only, and not to afford traders facilities for upholding the rotten system of carrying on business upon credit. It is not improbable that in the course of time this principle will be carried into effect, but in the meantime, as it is clearly conducive to our social well-being that the sale of strong drink upon credit be discouraged, the provision in the Tippling Act should be extended so as to prohibit debts of any amount for intoxicating liquors being recoverable at law. However expedient it may be considered to force trade generally by the stimulant of unbounded credit, although such forcing leads to periodic embarrassment and bankruptcy, no man in his senses can believe it is excusable on any ground to force trade in liquor. The most ardent votary of the liquor trade only seeks to be let alone, and does not desire extreme facility or encouragement in the conduct of his business.

In looking at the history of the trade for three hundred years, it never appears to have attained a high social standing. I do not for a moment, join in the fulminations of those persons holding extreme views, who denounce every publican as a black sheep. The trade is a lawful one, and honourable men may consider the exercise of such a calling a fair and proper course of gaining a livelihood. We have brewers in England members of Parliament—holding a high position in the social circle, and distinguished for philanthropy. In the colonies we entertain more liberal views than prevail at home, where for centuries caste divisions have been strictly upheld. A sprig of gentility in England considers an honest tradesman a "cad," and a church dignitary's wife or daughter would turn up her eyes with pious horror if she found herself sitting at table next to a Dissenter. We are fortunately free from such nonsense, and in colonial life a man generally is esteemed for his personal talents and integrity, altogether apart from his calling. We have had, in various parts of the colony, hotelkeepers placed by the votes of their fellow-citizens in places of the highest municipal dignity, and no fault has been found with them in the discharge of their duty. While making these admissions, cannot conceal the fact, that upon the whole, the trade does not occupy a high part of the social platform. There are many publicans who are not very scrupulous in regard to the class of customers. they deal with, or their means of driving! their trade, and hence, often unjustly, a stigma is attached to the whole body of licensees. The keeper of a public-house is not deemed a proper person to be inserted in the Commission of the Peace, and even when elected as mayor, it is rarely that he is authorised to discharge the duties of a magistrate falling upon him ex officio. Putting aside any further reference to the respectability of liquor-vending as a means of livelihood, and desirous to avoid by the slightest disparagement any reflection upon many honest men who have adopted such a line of life, I am justified in saying than the trade is more than on an average a dangerous one. It is an indisputable fact that a greater proportion of public housekeepers become themselves drunkards, than occurs in any other trade it has also been noticed that their wives are more apt to give way to temptation, and the same observation has been made in regard to their families. A paper was recently read before the Society of Arts in London, based on returns of mortality obtained from the Registrar-General for the years 1861, 1862, and 1871, shewing the death-rate in seventy different occupations Taking 100 as the mean of the whole number of deaths—some workers scarcely reached half the mean standard; while others were considerably above it. The highest vitality was at the rate of 63, the lowest 143. The two lowest classes on the list were:—(1.) Inn-keepers and hotel keepers, licensed victuallers and publicans and (2), cabmen. While according to the average rate there should be 100 deaths among barristers and clergymen, the number was only 63 in the one, and 70 in the other. Instead of 100 licensed victuallers' the number was 138; and instead of 100 page break [unclear: abmen], the number was 143. In other [unclear: ords], two licensees die for every one of [unclear: the] more healthful occupations, and they [unclear: tand] at the lowest part of the scale of [unclear: itality] of all the great classes of workers England and Wales. As a result of this [unclear: increased] mortality, an inn-keeper or [unclear: publican] can scarcely get a Life Assurance Company to take the risk of his life. There nothing in the occupation by itself to [unclear: count] for this unhealthiness, but its temptations as a rule, are too great for those [unclear: ngaged] in it, and the ministers of alcohol [unclear: are] upon an average cut off when they have only lived half their days.

When it is proposed to take away incenses, a cry has been raised demanding [unclear: compensation] for vested rights. Apart from the absurdity of a vested right in a [unclear: icense] which has only a year to run, and which requires annual renewal, the startling [unclear: act] I have mentioned proves that it would be for the benefit of the persons concerned, [unclear: so] far as relates to their individual welfare, [unclear: of] the whole foundation of the liquor trade were changed. No man ought to complain of having a right taken from him, if the [unclear: deprivation] adds a term of years to his life.

Salus populi suprema lex, is an [unclear: incontrovertible] maxim. The safety of the public over-rides all law. Although it may; [unclear: pear] the appearance of an infringement of [unclear: the] liberty of the subject, it is universally admitted that what is so dangerous, both to those concerned in it and the common wealth, must be kept under some statutory regulation. For centuries, the difficulty of proper legislation has been felt and recognised; and the statute-book, in its [unclear: mulitudinous] patch-work enactments, shows .how much thought and care have been fruitlessly expended on the subject: fruitlessly, because every law (and the matter is almost sessional) proves that what has been previously attempted, has resulted in comparative failure. We appear yet as far as ever from a solution of the difficulty. It is more than ever apprehended that the true remedy for the evils existing is an enlightened public opinion. If there be a desire on the part of the public for alcohlic liquor, there will always be found men who, for the sake of gain, will seek to gratify that desire, lawfully or unlawfully. There is, therefore, no security in merely repressive legislation. Indeed, there is always more or less a social danger in the multiplication of statutory crimes and offences. The aim of every true man, whether by the pulpit, the press, or by individual example, should be the instruction of the public mind—the raising of public opinion to a higher standard. In England, the present peers, statesmen, or high-class men are, as a class, remarkable for their abstemiousness. That example will tell somewhat in the long-run. We cannot now say—"As drunk as a lord." Gladstone does not swallow a couple of bottles of port before making a speech. Lord Cairns does not imbibe half-a-dozen claret, like some of the old judges, before taking his seat on the wool-sack. There are many erroneous ideas, however, still current concerning the use of alcoholic liquor as an article of diet. Unfortunately, many medical men being themselves slaves to its abuse, their patients are often misled. It is proverbial in London, that in Melbourne there is a steady demand for medical men and engineers who do not drink. But the pulpit may do much by inculcating the responsibility of their hearers for the continuance of dangerous habits and customs, which ruin souls, and fill our almshouses, our hospitals, our lunatic asylums, and our gaols. The murderous customs go on to the right and left of us, and it is no excuse to pay—"Am I my brother's keeper." That was the reasoning of the first fugitive and vagabond; and we must take care we are not in the woeful regiment of these unhappy ones, which has been kept recruited by continual voluntary enlistments ever since. The press may do much by diffusing a knowledge of the opinions of the highest members of the medical profession, and the important facts upon which their opinions are based. It is not by railing, or sarcasm, or bullying that sound opinions on the subject are to prevail. Language and arguments must be page 9 pure and moderate, and free from personality. In meekness and in patience, an honest thinker may do good, not by maintaining extreme views, but by aiding in the dissemination of a knowledge of proved facts and trustworthy opinions on the subject. It is within the power of all to ennoble themselves by self-denial, and by acting on the apostolic principle—"Wherefore if meat makes my brother to offend, I will eat no flesh while the world standeth, lest I make my brother to offend."—(1 Cor viii. 13.) In my opinion, there are some weak points in the harness of the Total Abstainer, but when he adopts, in a spirit of true charity, the armour of Christian expediency, he becomes invulnerable.

In ray next, I shall offer some further practical suggestions for the consideration of our senators.