Alcoholism - License a Failure and a Disgrace : Part 2

The Curse and the Cure of Strong Drink
by T. S. Arthur

(Page 18 of 20)

So it went on, from bad to worse, under the Colonial Government, until 1787, when the State constitution was adopted. To what a frightful magnitude the evil of drunkenness, provided for and fostered by license, had grown, appears from an entry in the diary of John Adams, under date of February 29th, 1760, in which he says that few things were "so fruitful of destructive evils" as "licensed houses." They had become, he declares, "the eternal haunts of loose, disorderly people of the town, which renders them offensive and unfit for the entertainment of any traveler of the least delicacy." "Young people are tempted to waste their time and money, and to acquire habits of intemperance and idleness, that we often see reduce many to beggary and vice, and lead some of them, at least, to prison and the gallows."

In entering upon her career as a State, Massachusetts continued the license system, laying upon it many prudent restrictions, all of which were of no avail, for the testimony is complete as to the steady increase of drunkenness, crime and debauchery.

Testimony of John Adams

Writing to Mr. Rush, in 1811, John Adams says: "Fifty-three years ago I was fired with a zeal, amounting to enthusiasm, against ardent spirits, the multiplication of taverns, retailers, dram-shops and tippling-houses. Grieved to the heart to see the number of idlers, thieves, sots and consumptive patients made for the physicians in these infamous seminaries, I applied to the Court of Sessions, procured a Committee of Inspection and Inquiry, reduced the number of licensed houses, etc., but I only acquired the reputation of a hypocrite and an ambitious demagogue by it. The number of licensed houses was soon reinstated; drams, grog was not diminished, and remain to this day as deplorable as ever."

Opening a Wider Door

In 1816, so demoralized had the sentiment of the people become, and so strong the liquor interest of the State, that the saving provision in the license laws, which limited the sale of liquor to inns and taverns, was repealed, and licenses were granted to common victuallers, "who should not be required to furnish accommodations" for travelers; and also to confectioners on the same terms as to inn-keepers; that is, to sell and to be drunk on the premises. This change in the license laws of Massachusetts was declared, by Judge Aldrich, in 1867, to be "one of the most fruitful sources of crime and vice that ever existed in this Commonwealth."

Up to as late as 1832, attempts were continued to patch up and amend the license laws of the State; after that they were left, for a time, to do their evil work, all efforts to make them anything but promoters of drunkenness, crime and poverty being regarded as fruitless.

"Miserable in principle," says Judge Pitman, "license laws were found no less inefficient in practice." Meantime, the battle against the liquor traffic had been going on in various parts of the State. In 1835, a law was secured by which the office of county commissioner (the licensing authority) was made an elective office; heretofore it had been held by appointment. This gave the people of each county a local control over the liquor question, and in the very first year the counties of Plymouth and Bristol elected boards committed to the policy of no license. Other counties followed this good example; and to bar all questions of the right to refuse every license by a county, the power was expressly conferred by a law passed in 1837.

A Change for the Better

The good results were immediately apparent in all places where license to sell intoxicating drinks was refused. After a thorough investigation of the matter, the Judiciary Committee of the Legislature reported the evidence to be "perfectly incontrovertible, that the good order and the physical and moral welfare of the community had been promoted by refusing to license the sale of ardent spirits; and that although the laws have been and are violated to some extent in different places, the practice soon becomes disreputable and hides itself from the public eye by shrinking into obscure and dark places; that noisy and tumultuous assemblies in the streets and public quarrels cease where license is refused; and that pauperism has very rapidly diminished from the same cause."

An attempt to prohibit entirely the retail liquor traffic was made in 1838, by the passage of what was known as the "Fifteen-Gallon Law," which forbade the sale of spirituous liquors in a less quantity than fifteen gallons, which had to be "carried away all at one time;" except by apothecaries and practicing physicians, who might sell for use in the arts and for medicinal purposes.

But this law remained in operation only a year and a half; when, in concession to the liquor interest of the State, which had been strong enough to precipitate a political revolution and get its own men in the legislature, it was repealed.

"But the State," says Judge Pitman, "while the memory of license was fresh, was not to fall again under its sway. The struggle for local prohibition was at once renewed, and in a few years license had ceased throughout the Commonwealth. The statement may surprise many; but I have the authority of the city clerk of Boston for saying, that 'no licenses for the sale of intoxicating liquors were granted in Boston between 1841 and 1852.' And so the chapter of license was apparently closed. It had not only had its 'day,' but its centuries in court; and the well-nigh unanimous verdict was: 'disgrace - failure'"

So strong was this conviction in the minds of the people of Massachusetts, that Governor Bullock, in 1861, while acting as chairman of the Judiciary Committee of the House, gave it expression in these notable words: "It may be taken as the solemnly declared, judgment of the people of the Commonwealth, that the principle of licensing the traffic in intoxicating drinks as a beverage, and therefore giving legal sanction to that which is regarded in itself as an evil, is no longer admissible in morals or in legislation"

About the Author

Timothy Shay Arthur (1809 - 1885) was a popular nineteenth-century American author. He is most famous for his temperance novel Ten Nights in a Bar-Room and What I Saw There, which helped demonize alcohol in the eyes of the American public. Virtually forgotten now, Arthur did much to articulate and disseminate the values, beliefs, and habits that defined respectable, decorous middle-class life in antebellum America.