The Minnesotian. [volume] (St. Paul, Minn. Territory) 1851-1852, 1852-03-27
OPINIONS
VI the U. 5. Srpreme Court the Constitution
ality of Prohibitory Laws.

OPINIONS
OF the U. s. Supreme Court on the Constitution
ality Of Prohibitory Laws.
| Chief Justice fancy said, elf any
State deems the retail and internal traffic
in ardent spirits injurious to its citizens,
see nothing in the constitution to prevent
it from regulating and restraining the
traffic, or from prohibiting it altogether"
Mr.. Justice Mclean said, "No person
can Introduce into community malignant
diseases, or any thing whi' h contaminates
its morals or endangers its safety"
Mr. Justice Catron said, ''If the State
has the power of restraint by licenses to
any extent, she has the discretionary
power to judge of its limit, and may 90 to
the length Of prohibiting sales altoseth-
er."
MIR. Justice Daniel said of imports,
that are "cleared " of all control of the
government I" They are like all other
property Of the citizen, whether owned
by the importer or his vendee, or may
have purchased by cargo, package, bale,
piece or yard, or by hogsheatls, casks or
bottles" In answering the argument
that the importer purchases the right to
sell when he pays duties to the govern
nent, Mr.. Justice Daniel continues to
say, g No such right is purchased by the
importer he cannot purchase from the
government that which it could not insure
to him, sale independently of the laws
and polity of the Statc.'
And Mr.. Justice Grier said, "It is
not necessary to array the appalling sta
tistlcs OF misery, paupcrism and crime,
which have their origin in the use or
abuse of ardent spirits. The police pow
er which is exclusive in the States, is
alone competent to the correction of these
great evils, and all measures of restraint
or prohibition necessary to effect the pur-
pose, are within the scope of that authori-
ty. All laws for the restraint or punish
ment of crime, for the preservation of the
public peace, health and morals are, from
their very nature, Of primary importance,
and lie at the foundation of social exist
ence. They are for the protection of life
and liberty, and necessarily compel all
laws on subjects of secondary importance,
which relate only to property, convenince
or luxury, to recede, when they come in
contact or collision. Salus populi supye-
ma lee. The exigencies of the social
compact require that such laws be execu-
ted before and above all others. 1t is for
this reason that quarantine laws, which
protect public health, compel mere COM
mercial regulations to submit 10 their con-
troll. They restrain the liberty of the
passengers they operate on the ship,
which is the instrument Of commerce, and
its officers and crew, the agents Of navi-
CATION. They seize the infected cargo
and cast it overheard. All these things
are done, not from any power which the
State assumes to regulate commerce, or to
interfere with the regulations of Con-
gress, but because police laws for the
preservation of health, prevcntation of
crime, and protection of the public well
fare, must OF necessity have full and free
operation, according to the exegency that
requires their interference. II loss of
revenue should accrue to the United
States from a diminished consumption of
ardent spirits, she will be the gamer a
thousand fold in the health, wealth and
happiness of the people," .7t .v.erif1
Thus all the judges of the United
States Supreme Court re-aflirmed and
corroborated the decisions Of each subor-
dinate State court, that the entire control
of the sale of Intoxicating drinks is with
in the legitimate province of the State
Legislature. And this control is not
limited to any mere regulations or partial
restrictions, but extends to the entire pro-
hibition, whenever the Legislature of any
State think such legislation essential to
the public welfare. ,s 'Ts ..1srC.Ea