Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1852-01-09

Mr.. EDITOR The following views Of the
judges of the Supreme Court on the constitution.
atty of laws made by the States for the suppress.
sion of liquor selling, ought to have some weight
with those who pretend to oppose it on Cons,itu-
tonal grounds. By inserting these sentiments,
you will oblige tfriend of CONSTITUTIONAL Law.
The Liquor Law.
Opinion Of L. S. Suprcme Judicial Court.-A
correspondent requests us TO publish the opinions
OF the Judges OF the Supreme Court of the Uni
ted States, in Massachusetts law, By Mr. Web
ster and Mr.. Choate. The Judges were unani-
nous in sustaining the Massachusetts law, and
10 affirming the power of the States, not only 10
restrain and regulate the liquor traffic, but to
prohibit it.
Chief Justice fancy said, "If anv state deems
The retail and internal traffic in ardent spirits in
furious to its citizens, see nothing in The con-
sttution to prevent it from regulating and re-
straining the trutkc, or from prohibiting it alto
getheE."
Mr.. Justice Mclean said, mo person can in
trodnce INTO community. malignant diseases,
or any thing which contaminstes It's morals or
endange4s rs safety"
Mr.. Justice Catron said, 1.-THE State has the
power o; restraint by licenses to any extent, she
has the discretionary power to judge of its limit,
and t9ay goio the length of prohibiting sales al
together.
Mr.. Justice Daniel snid cf ir1por > that
are cleared of all control of the government
They are like oil other property of the cti-
zen, Whether owned by the importer or his
vendee, or may have been purchased by the
cargo, package, bale, piece or yard, or by
hogsneads, casks bottlcs' In answering
the argument, that the importer purchases TO
sell when he pays duties to government, Mr.
Justice Daniel continues to saw "No such right
IS pOrchased by the importer; he cannot pur-
chase from the government that which it could
not insure to him, sale independently Of the
laws and policy Of the State"
And Mr.. Justice Grier said, at is not neces-
sary to array the appalling statistics of misery,
pauperlsm and crime, which have their origin in
the use and abuse of ardent spirits The police
power which 10 exclusively IN the States, is a.
lone competent to the correction OF these great
evils, and all measures OF restraint or prohibition
necessary to effect the purpose are within the
scope Of that authority. All laws for the res
trant or punishment Of crime, OF the prcserva-
ton Of the public peace, health and morals, are
from their very nature Of primary importance,
and lie at the foundation of social cxiatence.--
They are for the protection of life and liberty,
and necessarily compel all laws on subjects of
secondary importance, which relate only 10 prop
erty, convenience or luXury, to rccede when they
come in contact or collision. S4IuS popuH SUI
prema LEG. The cxigencies Of the social ccm-
pact require that such laws be executed before
and above all others. Ii is for this reason that
quarantine laws, which protect public health,
/ compel mere commercial regulations TO submit
to their control. They restrain the liberty o!
the passengers they operate on the ship which
is the instrument Of commerce, and its Off
GERS and crew, the agents of nayigation.-
They seize the infected cargo AID cast it over
board. All these things are done, not from any
/ pow er which the State assumes to regulate com
merce, or TO interfere with the regulations OF
! Congress, but because police laws for the pre-
vention OF crime, and the protection Of the pub
lie welfare, must Of necessity have full and free
operation, according to the exgency tina, requires
| their interference. If loss of revenue should
accrue to the t. S. from diminished cousump-
| ton of ardent spirits, she will be gamer thou
sand fold, in the health, wealth and happiness of
the people"
Thus all the Judges Of the L. S Supreme
Court re affirmed and corr0borated the decisions
of each subordinate State Court, that the entire
control OF the sale of intoxicating drinks is with
IN the legitimate province of The State Logis-
lnturp