The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1838-10-17
TRISTAN BURGES.


"Junto" is understood to be a candidate
for the Senate; and it is to be expected,
that, as he is = in for the war; he will follow
up the demonstrations already made.
DECISION ON THE LICENSE CUES
TION.
STATE us. ABNER PEcKHAM.
Opinion Of the Supreme Court delivered BY
CHEF JUSTICE DuKFrE.
The desire expressed by the counsel on
both sides for an immediate decision of this
case, has obliged the court to present the
results to which il has come, rather than aa
extended opinion on the question submitted
TO its consideration.
We are of opinion that the wine in Ques-
,ion was sold in violation of Il regulation of
the City of Providence, prohibitory to
certain extent, adopted by force of reso-
luton of the freeman thereof, pursuant to
to the acts Of January and June 1888 rela-
ting to the licensing of the sale Of wines
and strong liquors.
These acts are essentially prOhbltory or
restrictive. The power to grant licenses
arises out of their prohibitory or restrictive
of trade are in some sense restraints upon
1t, this feature in those acts cannot be pro-
nounced void without, at the same time,
its being in effect declared that every state
regulation touching its Internal trade, is al
SO void.
Whether these acts be or be not constitu-
tionaI must be determined by considering
the authority in which they originated, and
their objects and effects.
1t is undoubtedly the object of these acts
and regulations adopted in pursuance of
them, to aid the police of the several towns
and of the city of Providence in the preser-
vation of good order. and in the prevention
of pauperism.
The history Of the license system from
l64S to the act of June last, no less than
the examination of the acts themselves, and
especially the acts under consideration.
clearly shew that such was their leading,
and in the case before US, the exclusive OBJ
jecs.
A power to pass laws and adopt police
regulations for the preservation of good or
der, and the prevention ofvicc and pauper-
ism is absolutely necessary to the existence
of the State, and of every well ordered
community. Power to pass laws to this
end, belongs to the State exclusively. |,
belongs exclusively to the State by its Leg
islature, to provide for the punishment of
disorder within its limits, and also to the
State exclusively to exact the laws for its
prevention. This power cannot be sur
rendered without self
This power is one which may be exer-
,ho, L. Il. l. =.
the only judge of that necessity upon nl!
objects, which fall within the sphere of
State legislation, and which are beyond the
constitutional limits of the legislation of the
general government. Within this sphere
it may impose restrains and regulations on
any pursuits, trades or occupations, they
being in a strictly constitutional sense, the
domestic or internal pursuits, trades and
occupations of the State.
The constitutional provisions on which
the council for the defendent rely, are those
which forbid any State to impose duties
upon imposts, and which give to Congress
exclusive power to regulate commerce with
foreign nations and among the States. Do
the restraints imposed under the authority
of these ACTS trench on these provisions
Do they assume to impose a duty on
imports, or to regulate foreign commerce
among the States
They do not assume to impose duty on
imports, unless the term import in its con-
stltutional sense means any article imported,
wheresoever it may be found, up TO the
point of consumpiion.-Suchc cannot be il,
meaning. The term import has meaain
oflikc universal application with the term
export. Those terms do not signify the
mere article itself, but the article considered
IN connection with a certain condition, as
having certain distinctions inward or out.
ward, and it is its particular distinction
which gives it its denomination. An in-
port may become an export, and al export
IN import on the same day and in the same
hands.
Moreovr an article of foreign commerce
cannot be an import up TO the point of con-
sumption in n constitute onal sense be-
cause, If il he so, it mus, still continue sub.
jeci, as at the moment Of it's introduction
To the exclusive commercial regulations o
the general government (; aud may be fol-
lowed by those regulations with all the off
GERS necessary for enforcing them, and tC
the exclusion of State legislation, from
hand to hand thro' all its transfers and d.
visions, up To its entire consumption. A.
gain; if such be its meaning. then BY pari-
" Of reasoning it may be shewn, that. tbs
same dncirinc will apply to oil articles o
the growth or product Of the several States
which are or may be articles of Conmerc'
amoog The States-ihe power 10 regulate
The coninefce "f' the Enired States being