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In 1855, the court determined the status of the saloon upon facts, which were not facts, because they were not true.

In O’Hooligan's Fine Forms, page 53, Mr. Justice O'Hooligan says: “There is a great difference between the rules of the common law, which do exist, and those which do not."

In 1907, the Supreme Court of Indiana determined the status of the saloon by those rules of the common law which do not and never did exist.

The foundation of the conclusion of 1855 is no more destitute of reason than that of 1907.

CHAPTER XXIII

ever

cor

THE CONFLICT IS A WAR-NOT A BATTLE No legal question, involving a proposition of fundamental power, is

settled until rectly decided.

For over two hundred and forty years human slavery was tolerated on American soil, and was regarded as lawful for seventy-five years after George Washington was inaugurated as the first President of the United States. It was, indirectly, at least, recognized in the federal constitution, in the clause in reference to the apportionment of representatives and direct taxes; it was directly and expressly sanctioned by numerous congressional enactments; it was approved in many state constitutions; it was frequently endorsed by Acts of state legislatures; it was often adjudged to be lawful by inferior courts, both federal and state, by state supreme courts, and most emphatically so by the Supreme Court of the United States; but all of these combined could not and did not settle the question. It involved a question of fundamental governmental power, and it could not be settled until it was rightly determined.

Questions of fundamental governmental power are bottomed and based upon the principles of the moral law, the eternal and unchangeable principles of right and wrong, and the enlightened human conscience, is the supreme judge of such questions. An honest conscience, in harmony with the law of its Eternal Maker, never approves a moral wrong. So, while the national congress, state legislatures and courts of high and low degree declared human slavery to be lawful, they utterly failed to settle the question on that theory. Such declarations were impotent to appease the righteous conscience of the liberty-loving and God-fearing people of a government, whose prenatal foundation is the equality of the rights of all men.

In its efforts to quiet the storm of opposition and protest against the blighting curse, congress, under the guiding and controlling hand of Henry Clay, was kept so busy framing and adopting compromises, that the great commoner of Kentucky is known in history as the “Compromiser” or “Peace Maker,” but none of his compromises were effective, and all of his efforts to still the turbulent sentiments of opposition were futile. Each effort added fuel to the flames and kindled afresh the determination of the disciples of 1776 to secure a just recognition of the assumed principles of the Declaration of Independence and of the constitution.

They were guided by the spirit of the proverbial statement of Abraham Lincoln, that, “The government can not permanently endure half slave and half free.” And, never until it was decreed that this is wholly a free-man's government, was the slavery question settled. It

settled then, because it was rightly determined-adjudged in conformity with the doctrine that all men endowed by the Creator with equal rights. Infamous and odious, as was human slavery, yet, it was as harmless as a pet lamb, as innocent as a new-born babe, when compared with the red saloon dragon,

was

are

which stalks boldly, arrogantly, defiantly and insolently throughout the land, entrenched behind and protected by, not the law, but legislative enactments in the guise and garb of the law.

Courts may adjudge, judges decide, lawyers assert and newspapers affirm that such enactments are the law, but, all of them united, will never settle the question that way, but they will deepen and intensify the opposition to the iniquitous curse until it shall be swept from the face of the earth, and then the saloon question will be settled, because it will be rightly decided. The government can no more permanently endure half drunk and half sober, half "wet” and half “dry,” half license and half anti-license, than it could "half slave and half free."

But the conflict can not be won in a single engagement; it is not a battle, but a protracted, bitter war. The anti-slavery heroes were frequently repulsed both before and during the test of arms from '61 to '65. If a single engagement were to have determined the fortunes of war, Bull Run would have closed the incident, but,

God moves in a mysterious way

His wonders to perform;
He plants his footsteps in the sea,

And rides upon the storm.
Deep in unfathomable mines

Of never-failing skill,
He treasures up His bright designs,

And works His sovereign will. Bull Run was the event of supreme inspiration to the Union forces; it was the event that aroused

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