hibits no man from indulging his desire to trade where he pleases." Right here logomachy made its first appearance, over the word "prohibit." I had cited two forms of State interference with trade, each of which in practice either annoys it or hampers it or effectively prevents it, according to circumstances. This analogy in substantial results presented a difficulty, which Mr. Pinney tried to overcome by beginning a dispute over the meaning of the word "prohibit,"—a matter of only formal moment so far as the present discussion is concerned. He declared that the tariff is not like the prohibitory liquor law, inasmuch as it prohibits nobody from trading where he pleases. A purely nominal distinction, if even that; consequently Mr. Pinney, in passing it off as a real one, was guilty of quibbling.
But I met Mr. Pinney on his own ground, allowing that, speaking exactly, the tariff does not prohibit, but adding, on the other hand, that neither does the so-called prohibitory liquor law; that both simply impose penalties on traders, in the one case as a condition, in the other as a consequence, of carrying on their trades. Hence my analogy still stood, and I expected it to be grappled with. But no. Mr. Pinney, in the very breath that he protests against quibbling, insists on his quibble by asking if prison discipline is, then, so lax that convicted liquor sellers can carry on their business within the walls, and by supposing that I would still think prohibition did not prohibit, if the extreme penalty for liquor selling were decapitation. I do not dispute the fact that a man cannot carry on the liquor business as long as he is in prison, nor can Mr. Pinney dispute the fact that a man cannot sell certain foreign goods in this country as long as he cannot raise the money to pay the tariff; and while I am confident that decapitation, if rigorously enforced, would stop the liquor traffic, I am no less sure that the effect on foreign traffic would be equally disastrous were decapitation to be enforced as a tax upon importers. On Mr. Pinney's theory the prohibitory liquor laws could be made non-prohibitory simply by changing the penalties from imprisonments to fines. The absurdity of this is evident.
But, if I were to grant that Mr. Pinney's quibble shows that there is no analogy between a prohibitory liquor law and a revenue tariff (which I do not grant, but deny), it would still remain for him to show that there is no analogy between a prohibitory liquor law and such a tariff as he favors,—one so high as to be absolutely prohibitory and yield no revenue at all,—or
else admit his inconsistency in opposing the former and