beyond doubt, that the state of intoxication, stu- to prohibition let us try to regulate these things pefaction, and finally of delirium tremen's, conse- and put the manufacture and traffic in all such quent to an immoderate, long continued consump- commodities under strict supervision. Take care tion of strong distilled liquors, was mainly owing that the people get only pure and seasoned liquors, to the presence and proportion of the fusel-oil. and the curse of drunkenness and misery is already Chemists handling considerable quantities of the more than half overcome; for, while in the first latter are, as I have myself experienced in the place such liquors would in themselves do less laboratory of Prof. Bunsen, soon obliged to pro- harm to the consumer, their prices in the second ceed with great caution, in order to avoid the place would necessarily be so high that they stupefying influence of that substance so closely would cease to constitute a common drink or resembling to a condition of drunkenness. If stimulant for the million. Having thus, by a such liquors are becoming old, however, and par- most simple operation, done away with bad liquor ticularly if kept in loosely bunged, new oaken and having placed good liquor so high that it casks, the potato oil gradually disappears under would no longer be within the daily reach of the the action of the oxygen of the air, and the tan- masses, you need thereupon only substitute some nic acid and extractive matter of the wood. Such other wholesome, harmless stimulant and beveliquors, though the percentage of alcohol has not rage to remove the other half of drunkenness, or diminished, are thereupon found to be less intox- at least to render it of comparatively rare occuricating and stupefying and less affecting the human rence. But such stimulant you must provide for, system in every respect; such old liquors are also if our people shall not in time become opium held at a much higher price in commerce, as is eaters or chloroform tipplers, or fall into a numwell known to every body. It is, therefore, not ber of other enervating and physically and so much the alcohol, though its stimulating, heat- morally ruinous habits and vices, part of which ing properties are admitted, as it is the great pro- have unfortunately already taken root in this portion of the potato oil and other artificial ad- country. In the lager beer we possess a stimumixtures and adulterations which render some lant that is free from all the objectionable properliquors so nauseous to sober men, and so injurious ties of ordinary liquors and poor wines, and that to any man. To this latter class of liquors belong from its delicate nature does not permit of any those verily poisonous compounds about which drugging or other admixture without its ready Dr. Cox, of Cincinnati, some years ago made such detection by any person but slightly acquainted startling revelations, that the distillers and vend- with that beverage. Lager beer is, as a drink, ers of Cincinnati and its neighborhood came near inviting and palatable only if presented in its seeing their establishments broke up for want of genuine, unadulterated state; the moment you customers. Of this class of bad liquors and of "doctor" it, it becomes either insipid or repulsive, this criminal traffic the painstaking investigator and will engage no one to swallow it. Not even just named has recorded many an amusing and a substitute for hops by means of another aroshocking anecdote, and among others the follow-matic vegetable principle, harmless though it may ing. I hope to be forgiven for any lack of force be, will be accepted, but such an article, invariably, or grace in its repetition, as I am not an adept will be denounced and shunned by the patrons of in the rich Irish brogue, but I shall endeavor to the lager beer. A few words now about the do my best.) Dr. Cox says: "I called at a grocery manufacture of this universal "malt liquor." store one day, where liquor also was kept. A During the germination of the moistened barley, couple of Irishmen came in while I was there, for the purpose of making malt, the starch or and called for some whisky. And the first drank, amylum of which it abounds, like all other cereals, and the moment he drank the tears flowed freely, is transformed into gummi-starch, or "dextrine." while he at the same time caught his breath, like If this germinated grain is brought upon the one suffocating or strangling. When he could malt. kiln, there to be dried and slightly speak he said to his companion: Och, Michael! roasted, the operation of malting is combut this is warming to the sthomach !' Michael pleted. If the malt thus obtained is crushed drank, and went through like contortions with and infused in tepid water, a farther transthe remark: Wouldn't it be foine in a cowld formation of the starch takes place, namely, frhosty morning?' "After they had drank," Dr. Cox the gummi-starch is converted into sugar. continues, "I asked the landlord to pour me out The pappy mixture of crushed malt and warm a little in a tumbler, in which I dipped a slip of water is called the mash, and mashing means the litmus paper, which was no sooner wet than it operation through which all the soluble parts of put on a scarlet hue. I examined the liquor at the pap are transferred to the now freely infused my office, and found it had seventeen per cent of water. The solution itself presents the wort. alcoholic spirits by weight, when it should have The wort is boiled with hops for some time, carhad forty per cent to be proof; the difference in the ried to a cooling vat, and, after being cooled down percentage of alcohol was made up by sulphuric sufficiently, drawn to suitable tanks and left to acid, red pepper, pellitory, caustic potassa and brucine, one of the salts of the nux vomica. One pint of such liquor would kill the strongest man." I have only to add to Dr. Cox's remarks, that here again it was not the pure alcohol which contorted the features of our Irish friends, for twice and onehalf as much alcohol as found should have been contained in the liquor to constitute a common whisky or schnapps. Therefore, before we resort

·

ferment. The somewhat protracted process of fermentation being over, the beer is inclosed in huge casks and kept for use in very cool vaults. This is all that I deem necessary to state about the operations in the manufacture of beer. In the same few words can I dispose of the main distinctions between the Bavarian or lager and any other sort of beer. The main difference between lager and other sorts of beer consists:

1. That absolutely nothing but malt, hops and | quires such a great quantity of the liquid to water is used in its manufacture.

2. That chiefly pale, or only slightly roasted, malt is applied.

3. That more hops are used, as in the manufacture of ale, porter, brown-stout, etc.

4. That it contains from 2.5 to 4 per cent of alcohol only, while in ale, porter, brown-stout, and other strong beer, the proportion of alcohol reaches as high as 7 and 11 per cent.

bring him out of his balance or senses, that for this very reason the occurrence will ever be a rare one. For people of temperate habits, however, this beverage has aptly been called "the milk of the man," for no other natural or artificial drink comes in its composition and properties equally near to that universal, model nourishment and drink of the middle zone-the milk of the cow-than lager beer. There is probably not one of my honorable Proof brandy or whisky must never contain associates who does not know and admit, that in less than forty per cent of absolute alcohol. From a hot day, the thorough quenching of extreme this is to be seen with how little show of good thirst by the quick swallowing of two or more reason lager beer is decried and set down as an pints of cool water (I don't mean ice water) is intoxicating drink alongside of other spirituous never without its danger. Well, sir, you can liquors containing ten times its quantity of alco- with perfect impunity, and without fear of conhol, and the dangerous fusel oil in the bargain. tracting cold in the stomach, or of inducing inflamIt takes as many as eight or ten large tumblers mation of the lungs, drink that much and more of lager beer, and about half as many of strong of lager beer in rather quick succession, such is ale or porter, to account for one or two draughts its unique temperature, its adaptability to the of brandy or whisky, and their percentage in al- human system, and its conformity with a rational cohol. It is gratuitous to compare in earnest the diet of man. In fact, it is much more action of these two different species of drinks proper and recommendable to season one's water and stimulants-the malt liquors and the stilled with malt sugar and malt extract, with the liquors on the human system. There exists, aroma of hops and a little bit of pure alcohol properly speaking, neither an affinity nor a re- and finally to freshen the whole by a natural desemblance between them in this respect. Owing velopment of some carbonic acid gas-all of to its peculiar properties and virtues-which with which would constitute a beer-than to do it in the initiated can neither be adulterated nor im- any of those multifarious ways which are resortpaired by means of a substitution of willow bark,ed to in order to make up a so-called temperance spruce or sassafras, or something else for hops, drink. Another virtue of the lager beer consists or of cannabis indica, or other narcotics, to make in this: that even a temporary or longer continup for the small percentage of intoxicating princi- ued excessive use of it, rarely, if ever settles into an ples, or of bicarbonates to account for the car-inveterate habit, such a one as weak human nature bonic acid gas-the Bavarian or lager beer since may find it difficult to free itself from again. The its discovery and perfection, about forty or lager beer does not stimulate the nervous system fifty years since, has pursued the march to a degree that the discontinuance of its use is of a conqueror through the civilized world, followed by a depression of the system, thus credispensing with either inferior or too costly ating that irresistible craving which tantalizes wine, in one country, and driving out of the victim of an immoderate indulgence in strong its place strong and bad liquor in another. It has spirituous liquors. No matter how strongly a not only conquered all Germany as far north as person may have been addicted to the drinking Berlin, Danzig and Koenigsberg, and entered up- of lager beer, he can much easier dispense with pon the realms of Poland, Denmark, Belgium, and leave it alone than his tea and coffee. Sir, Holland, Hungary and Switzerland, but it is bat- also in an economical point of view, the lager tling now with the light native wine of France, beer industry recommends itself to your favorathough so abundantly and so cheaply to be got ble consideration. It presents a considerable that almost every person can procure it, yet the source of income to the State, enhances profitable lager beer will conquer it nevertheless, as it is pursuits on the part of the farmer, and gives emcheaper still and much more palatable and con- ployment to a large number of artisans, mechanducive to health than poor wines. Lager beer is ics and laborers. Though in its infancy yet in in reality the poor man's liquid food, stimulant this country, the brewing interest has grown up and relish, while the richest does not despise the to an important item already for the agriculturrefreshing brown on a warm summer day. If ist in the northern parts of the Union. Upward you desire to make your people stout and healthy, of 12,000,000 bushels of barley and 15,000,000 and sober and temperate at the same time, en-pounds of hops were required more than a year courage the lager beer industry. Last summer, ago, and the demand for the same products is fast about the time we commenced our labors, forty increasing. The brewing interest is paying, dithousand people were seen assembled on a farm rectly and indirectly, into the treasury of the near Philadelphia, consuming streams of lager United States and of the State proper, large beer, and yet, to the utmost astonishment of tem- amounts of money at this day, and in twenty perance folks, did not create the least disturbance years hence the revenue derived from this source or breach of the peace. On the same day the will be four times as large as now. What it will Warren lodge of the sons and daughters of tem- be at some future day may readily be understood perance and good Samaritans, got into a bloody fight on soda and ginger pop, near Boston. I don't pretend to say that one cannot become in temperate or even intoxicated on lager, but I dare say, that with one once used to this drink it re

by a glance at the malt revenues of other countries. The duty on malt in England, at present, amounts to about $32,000,000 per year; the same in the kingdom of Bavaria, not much larger than the State of New York, to nearly $1,000,

Mr. WALES-I withdraw the motion if it is objectionable.

Strike out all after the word "wines" in the second line and insert as follows: "Nor shall the Legislature pass any law granting or authorizing or licensing the sale of any distilled or fermented liquors or wines."

Mr. GRAVES-It is now, Mr. Chairman, almost ten o'clock. We have been in session a long time to-day and have listened to the very able and instructive remarks which have been made this evening. There are some others who desire to speak upon this question, and I desire to submit some views which I have, yet I do not desire to make my remarks to-night. I therefore move that the committee do now rise, report progress, and ask leave to sit again.

The question was put on the motion of Mr.
Graves, and it was declared carried.
Whereupon the committee rose, and the PRES-
IDENT resumed the chair in Convention.

Mr. BARTO, from the Committee of the Whole, reported that the committee had had under consideration the report of the Committee on Adulteration and Sale of Intoxicating Liquors, had made some progress therein, but not having goue through therewith, had instructed their Chairman to report that fact to the Convention and ask leave to sit again.

The question was announced upon granting leave.

000; in Austria to $9,000,000; and even little Belgium comes in with a revenue of nearly $3,000,000 per year, duties on stills and spirits The CHAIRMAN announced the pending in all these cases not included. Add to these question to be on the amendment offered by Mr. sources of income and profit accruing to the Fowler, which the Secretary again read as folState and to the farmer the extensive and mas-lows: sive buildings and vaults, the thousands of barrels, the costly machinery and apparatus, the trucks and teams, and all the other materials and requisites appertaining to a well conducted brewery, and last, the employment of a great number of men-an interest is presented by this branch of industry that san neither, with justice nor without detriment be ignored. There is not now a European government that does not more or less encourage the manufacture of malt liquors as one of the surest means of benefiting the State and the people alike. As to the States of the Union, there is none in which at one place or another the brewing industry could not be permanently established. The State of New York, however, if it understands its own interest, will hold a foremost rank in this respect, as its climate is not only best adapted to the manufacture and consumption of malt liquors, but as its soil can produce barley as well as hops in abundance. I presume, sir, to have presented sufficient reasons and facts to induce every wellwisher of the commonwealth, and every earnest friend of the true cause of temperance, and good morals in particular, to lend his voice to the encouragement of the lager beer industry, and to assist in nationalizing a beverage which combined science and experience recommend as best adapted and most conducive to the system and condition of men in the middle zone, as well as a successful and lasting effort toward the abatement of intemperance. If to what I have said on this subject of the "adulteration and the sale of intoxicating liquors," as styled by the committee, is added the unanswerable argument on the "errors of prohibition," left us as a legacy by a truly great and patriotic man, the honored son of a neighboring The question then recurred and was put on State, who has but recently departed from life-granting leave, and it was declared carried. the information on this vexed and much perverted question will be deemed satisfactory if not com plete by all those who seek the truth rather than have their prejudices, notions and idiosyncracies gratified. To avoid a repetition in less felicitous and convincing language than that used by the late Governor Andrew, of Massachusetts, I have confined my discourse to the chemicophysiological, social and economical part of the subject, referring as to its moral, philosophical and legal aspects to the argument of this master-mind, whose premature demise has been a severe loss to his State and to the country. Sir, I leave this subject in the hands of a body of wise, discriminating and experienced men with the recommendation that in some suitable form and manner a clause should be inserted in the Constitution, which favors the manufacture and consumption of domestic wines and malt liquors as a national beverage, and as the surest means of promoting the true cause of temperance. Mr. WALES-I move that the committee do now rise, report progress and ask leave to sit again.

SEVERAL DELEGATES-No, no.

Mr. AXTELL-I move that the committee be discharged from the further consideration of the report, and that the article be referred to the Convention.

The question was put on the motion of Mr. Axtell, and, on a division, it was declared lost by a vote of 17 to 20.

Mr. MORRIS-I move that the Convention do now adjourn.

The question was put on the motion of Mr.
Morris, and it was declared carried.
So the Convention adjourned.

WEDNESDAY, February 5, 1868. The Convention met pursuant to adjournment at ten o'clock A.M.

No clergyman present.
The Journal of yesterday was read by the SEC-
RETARY and approved.

Mr. LANDON-I rise to give notice that I will move a reconsideration of the vote by which the article on the preamble and bill of rights was adopted, and will move the following section:

SEC. Witnesses shall not be imprisoned to assure their attendance, if they give security therefor, and if unable to give security, their testimony shall be taken in a manner to be provided by law and in presence of the accused, and thereupon they shall be discharged.

Mr. BICKFORD-I give notice of a motion to reconsider the vote by which the article on the preamble and bill of rights was adopted, with

The PRESIDENT-The resolutions will lie over unconstitutional and void. Gentlemen cannot under the rulə.

fail to see that it at once elevates, so far as this Mr. SMITH-I offer the following resolutions: question is concerned, the judicial power into a Resolved. That a committee of seven be appoint- paramount power over either the executive or ed by the President, whose duty it shall be to legislative department of the government. prepare, as soon as practicable after the final ad-tainly no such thing as that was intended or conjournment of the Convention, a document consist templated. The judges are not directly responsi ing of the present Constitution of the State and ble to the people, as are the members of the the Constitution as revised and amended by this Legislature. We propose to create a court of Convention, with such brief explanatory notes as appeals, the incumbents of which will hold their may be necessary to show what changes are pro- office for life, or during good behavior, or until posed in the organic law; and to cause said doc- they arrive at the age of seventy years. They ument to be distributed throughout the State for are therefore not directly responsible to the peothe information of the people. ple, and if they make errors in judgment Resolved, That this committee be authorized to and overrule wise acts of legislation, the cause said document to be printed under the ex-evil is irremediable. There is no mode in isting contract for Convention printing; and that which redress can be obtained, because when

utive (when the Legislature cannot be convened), against domestic violence.

they have established the precedent they will as a matter of course continue to overrule all sub. sequent legislation of the same character. The "Under this article of the Constitution, it rests members of the Legislature are chosen annually, with Congress to decide what government is the one branch of them, and every two years the established one in a State. For, as the United other branch. They therefore reflect directly and States guarantees to each State a republican gov. at brief periods the sentiments of the people ernment, Congress must necessarily decide what upon questions of a public and general character. government is established in the State before it Now my proposition is to confine or restrict this can determine whether it is republican or not. provision to laws of that nature-to laws of a And, when the Senators and representatives of a general and public nature. This is no new doc-State are admitted into the council of the Union, trine; it is a theory almost as old as our system the authority of the government under which of government-a theory which has been announced by some of the greatest and best men that we have ever had in the republic. Mr. Jeff erson, as early as the year 1820, writing to a friend, said:

"You seem to consider the judges as ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy."

they are appointed, as well as its republican character, is recognized by the proper constitutional authority. And its decision is binding upon every other department of the government, and could not be questioned in legal tribunals. It is true that the contest in this case did not last long enough to bring the matter to this issue; and, as no Senators or Representatives were elected under the authority of the government of which Mr. Dorr was the head, Congress was not called upon to decide the controversey. Yet the right to decide is placed there, and not in the courts."

Now, Mr. President, Mr. Jefferson was a man who measured his words, who never gavo place to a hasty utterance of language upon important questions; and the authority of his opinion, and of his great name, ought, at this distance of time It seems to me extremely plain, from these citato have weight with every reflecting man, upon tions of distinguished authority, authority which this great question as to which of the depart- no gentleman upon the floor of this Convention, ments of government shall really be held and whatever may be his political sentiments, will maintained as the supreme department. Later in feel disposed to question-the authority of the our history, in the year 1832 or 1833, in that ex-first great leader of the republican party, the auciting contest which arose between the govern-thority of the lion-hearted and patriotic Presiment of the United States and the United States Bank, General Jackson in his veto message of the bill for the re-chartering of that bank, and in face of the fact that the supreme court of the United States had pronounced the charter constitutional, used these words:

dent who gave the democratic party more of its permanence and success than any other man who ever administered the affairs of the government, and the authority of the man so long the chief justice of the United States-it seems to me that no gentleman should hesitate to place in the fun"The opinion of the judges has no more damental law of this State, as I propose to do by authority over Congress than the opinion of Con- this amendment, simply a check which will regress has over the judges. * * The authority quire two-thirds of the members of a term of the of the supreme court must not, therefore, be per-supreme court, or of the court of last resort, to mitted to control the Congress or the executive, when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve."

declare a public or general law unconstitutional. Why should it not be so, Mr. President? If, in the judgment of more than one-third of the members of the court there is doubt about the constitutionality of the law, should not the legislative will prevail? Unless the question is so clear or palpable that two-thirds will concur in saying that the law is unconstitutional, I submit we should not allow any such judgment to be pronounced, and that is the simple effect of the proposition which I make.

That is, the decision of the court is binding upon the citizen, but upon a co-ordinate branch of the government the legislative department or the executive department it is not binding as a law. That is the doctrine. Each department in respect to these questions is responsible for its own actions. But there is further testimony, more directly to the point. And at a still later Mr. COMSTOCK-I did not expect that the period in our history, when a most exciting ques-resolution would be brought forward this morntion grew out of the Dorr rebellion in Rhode ing. I had hoped that it would not be. I desire Island, the question came directly before the to address the committee briefly on this subject, supreme court of the United States, as to where and inasmuch as I wish to consult the several the power lay to decide questions of this charac-authorities cited by the gentleman who moved ter: and Chief Justice Taney, in delivering the the resolution, and some other authorities, I will opinion of the court in that case upon this ask that the resolution lie over until to-morrow branch of the subject, used the following lan- morning. I will not occupy much time on the guage: question.

The question was put on the motion of Mr. Comstock, and it was declared carried.

"The fourth section of the fourth article of the Constitution of the United States provides that the United States shall guarantee to every State Mr. AXTELL-I wish to make a remark in rea republican form of government, and shall pro-lation to the order of business to be followed by tect each of them against invasions; and upon a motion. I suppose that it is conceded by every the application of the Legislature or of the Exec-gentleman upon this floor that if we discuss the