In the Island of Jersey a law exists, by which an habitually intemperate parent may, on sufficient evidence being adduced, be deprived of the guardianship of his children. This judicious law was put into execution, at no very distant period.*

Drunkenness may correctly be considered as a species. of voluntary insanity. A question, therefore arises, whether, under such circumstances, it would not be justifiable and humane on the part of the legislature, to enact such a ineasure as would place persons subject to fits of intemperance under temporary confinement or control? The question is one of great importance. A law, indeed, to this effect would be not only an act of mercy to the drunkard himself, but in its operation, it might be productive of a salutary influence in restraining the prevalence of intemperance. It is a common practice, states Dr. Macnish, in the West of Scotland, to send persons who are excessively addicted to drunkenness, to rusticate, and learn sobriety, on the islands of Loch Lomond. Two islands are appropriated for the purpose, where "the convicts," remarks this well-known writer, meet with due attention, and such indulgences, as their friends may think proper to afford to them."+

The validity of a will made by an habitual drunkard, and while under the excitement of intoxication, has sometimes been made a subject of legal inquiry. A bond, however, on the principle of the English law already stated, executed in a fit of intoxication, holds good, unless evidence be brought forward to show that the party interested

* LAW OF PARENT and CHILDREN IN JERSEY.-The Attorney-General appeared before the Royal Court, on Saturday, and called on the Judges to deprive Mr. Nicholas Anthoine, clerk to the impost office, of the right of control or management of his children, he being an habitual drunkard, and that the said court should appoint fit guardians for the said children. The Attorney-General stated, that the persons directed to inquire into Mr. Anthoine's conduct had reported that he had often been seen drunk, and, while in that state, had danced in the streets, gathering a crowd around him, and was, consequently, unfit to be an example to a growing family, and unfit also to be entrusted with its control. The Solicitor-General, in behalf of Mr. Anthoine, contended, that the articles exhibited were insufficient to warrant the court in inflicting so serious a penalty on any man as depriving him of the control of his own family, and instanced his being able to conduct the affairs of his office as a reason against granting the prayer of the citation. The Attorney-General replied again, urging the prayer of the memorial. The chief and other judges confirmed the Attorney-General's demand, and ordered that the defendant's family be given into the guardianship of a proper person chosen by their nearest relations, with the approbation of the court.-Jersey Paper, 1837.

† Anatomy of Drunkenness, p. 222.

in the bond, purposely contrived to inebriate the person who signed it.

The decision of a magistrate upon the bench, while in a state of inebriation, is, according to the English law, null and void, and the magistrate thereby rendered liable to removal from office.

In policy insurances upon lives, the concealment of habits of intoxication is deemed a sufficient reason for refusal of fulfilment of the engagement. In two cases of this kind, where it was proved that the individuals in question were at the time apparently hale and healthy, it was decided against the plaintiffs.*

These are some of the most important disabilities, which in the eye of the law, are incurred by the crime of drunk

enness.

• East's Reports, 188. Aveson v. Lord Kinniard and others, 5 Bingham's Rep. 503. Everett v. Desborough.

APPENDIX.

A.

HISTORY OF INTOXICATING LIQUORS IN THE UNITED STATES.

BY THE EDITOR.

Ir may not be deemed inappropriate in connection with the subjects treated of in the present work, to offer a few remarks on the history of intoxicating drinks in this country.

At the period of the first settlement of the United States, the only country in Europe in which distilled spirit was in general use was Ireland. In England and Germany, beer or ale was the national drink, and in France and Italy wine; but in Ireland "aqua vita" had already become a national curse. Virginia was settled in 1607, New York in 1614, Massachusetts in 1620, and Connecticut in 1635, and as the settlers mostly came either from England or Holland, the liquors which they brought with them, were those in general use in those countries, which, as we have stated, were malt liquors.

Accordingly we find that among the very first laws ever enacted in the colony of New York, was one in relation to the manufacture of beer. In the year 1664, there was published at "Hemsted upon Longe Island, by virtue of a commission from His Royall Highness James Duke of York and Albany," a digest of the several laws then in force in “His Majesty's American Colonies and Plantations" called the "East Hampton Book of Laws," in which is contained the following ordinance :

"BREWERS."

"That no person whatsoever shall henceforth undertake the calling or work of Brewing Beere for sale, but only such as are known to have sufficient skill and knowledge in the art or mystery of a Brewer. That if any undertake for victualling of ships or other vessels or master or owner of any such vessels or any other person shall make it appear that any Beer bought of any person within this Government do prove unfit, unwholsome, and useless for their supply, either through the insufficiency of the mault, or brewing or unwholsome cask, the person wronged thereby, shall be and is hereby enabled to recover equal and sufficient damage by action against that person that put the Beer to sale."

As evidence of the fact that ardent spirits was almost unknown to the early inhabitants of this country, Belknap, in his history of New Hampshire, says “an expedition was once undertaken against the Indians, and there was but a pint of strong water in the army and that was reserved for the sick." In the early history of Connecti

cut, also, we read that a ship arrived in one of the seaports of that State, with a barrel of rum on board, and that the officers of the to'vn would not permit the captain either to land it, or dispose of it to any of the inhabitants.

Not many years, however, elapsed after the first settlements were made, before the people not only began to import largely of rum, brandy, &c., but also to distil for themselves.

In Connecticut, as early as the year 1650, an import duty was laid upon all imported liquors, as well as those distilled within the colony. On wines this amounted to from five to ten shillings sterling per pipe, of Madeira or Malaga; and 2s 6d per hogshead on French wines, and on strong liquors, imported and home-distilled, at the rate of 8d per gallon. Every person guilty of intoxication, was fined 5s for the first offence, and 10s for the second; and so, also, was every victualler or tavern-keeper, who suffered a person to get intoxicated in his house; "and by drunkenness is understood," so runs the law, "a person that either lisps, or falters in his speech by reason of much drink, or that staggers in his going, or that vomits by reason of excessive drinking, or cannot follow his calling." A portion of New Jersey and Pennsylvania was first peopled by colonies from Switzerland. Kalm, in his travels in this country in 1749, speaks of falling in with a Swede, 91 years of age, who came to Pennsylvania when a boy. From him Kalm ascer tained that at that period, (about 1670) "the Swedes brewed all their beer of malt made of barley, and likewise made good strong beer. They had already got distilling vessels, and made good brandy. Every one among them had not a distilling vessel, but when they intended to distil they lent their apparatus to one another." Again, "none of the Swedes made cyder, for it is come into use but lately. The Swedes brewed strong beer and small beer, and it was their common liquor. But at present, (1749) there are very few who brew beer, for they commonly prepare cyder."

In the year 1714, (the 12th of Queen Anne,) an excise was laid upon all "strong liquors" retailed throughout the colony of New York under five gallons, (beer and cider only excepted,) in amount as follows, viz: "the eighth part of an ounce of Sivel Pillar, or Mexico Plate, for each galior. retailed, and three-fourths of an ounce of said plate for every barrel of beer and cider." By an act passed at the same time the above excise was farmed out by public auction yearly, in the month of October, to the highest bidder, or to the several retailers in the different cities, towns, and villages, according as the mayor, aldermen, and justices of the peace should think proper, public notice being given ten days before such auction was held. Sufficient security was required for the due payment of the excise, and in default thereof, all liquors found on the premises of the retailer were forfeited together with three times the value thereof; all of which went to the support of the local government, and the payment of the public debt. If any person not licensed sold any quantity of strong liquors under five

"New Haven's Settling in New England, and some laws for Government, published for the use of that Colony." London, 1656.-Hinman's Blue Laws, Quaker Laws, &c P 132.

gallon, he was condemned to pay five pounds for every such offence; and no retailer was allowed to sell any "strong liquors" to any negro or Indian slave" under the penalty of 40 shillings sterling, for every such offence.

In the year 1709, an act was passed by the general assembly of the colony of New York, imposing a fine of three shillings sterling upon every "Christian who should be convicted of drunkenness, cursing, or swearing," on the testimony of one witness, and "as many stripes as the justice of the peace in the place where the offence was committed should think fit, upon negro, Indian, or other slaves," who should be found guilty of either of the above crimes, or should talk impudently to any Christian."*

66

In the year 1715, a duty of seven ounces and a half of plate, (or "the value thereof in Lyon dollars and half dollars, at 13 pennyweights and 18 grains each dollar,") was laid upon every pipe of wine imported from the place of its growth, production or manųfacture; and double the amount when imported from other places. Upon every gallon of rum, brandy, or other distilled liquors, imported directly from its place of manufacture, a duty of 15 grains of plate was laid, and double the amount when brought from other places.

The enactment of these laws proves, either that the importation of spirituous liquors was so considerable, as to render the imposition of a duty an object of importance, as connected with the revenue, or that the inhabitants were opposed to the introduction of such drinks.

Between the years 1700 and 1750, West India rum began to come into very general use, especially in New England, and New York, among the farmers and laboring men. The lumber and produce of the Eastern colonies were bartered for the products of the West Indies; and it was not unusual, at this period, for fariners to consume, from one to two barrels of rum in a year. The French war also, which occurred about this period, had a most disastrous effect upon the habits of the people, in respect to the use of spirituous liquors. This war commenced in 1775 and terminated in 1783, having lasted eight years. The colonies furnished the principal portion of the troops, although considerable bodies were sent over from England, many of whom had served in the Low Countries, where spirit was in general use. Rations were accordingly regularly served out, and thus thousands of New England men, who had never been addicted to its use, acquired a taste and habit of drinking which followed them on their return to their own families.† The coldness of the climate, and the hardships and

* Laws of Her Majesty's Colonies of New York, pp. 77, 179. Printed by W. Bradford, 1713.

t In Captain John Knox's "Historical Journal of the Campaigns in North America," we read under date of August 3d, 1759, "Camp at Montmorenci, As the government has provided good store of rum for men, half a gill may be delivered out regularly every day, and a gill when the weather is wet and cold, or when the men are much fatigued with work or duty." Besides this, liquors of all kinds were freely supplied by suttlers in the vicinity of the camp at the following prices:

Bristol beer, 18s per dozen, bottles included. London porter, ls per quart. Bad malt drink, from Halifax, at 9d per quart. Cyder, from New England, 6d to 8d per quart West India rum, 8s per gallon. New England rum, from 6s to 10s per gallon. Sour claret,