Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1852-12-15
New Hampshire Decision.

ultlng over the decision OF the Supreme Court
Of New Hampshire, as to the unconstitution-
atty of the prohibitory law submitted to them
for their opinion. An investigation into the
facts of the case, however, will satisfy them
that their qualification is ill-founded and is
destined to be short-lived. The following is =
the history of the case:
During the session of the Legislature last
spring, the bill was reported to the House by
the temperance committee, and passed that
body. The Senate not daring to vote itdown,
and thus deny the demand of $4,000 legal vo-
tiers of the State, made t,co shifts after. the
most approved plan of skillful politicians
first by referring an obnoxious resolution to the
people to be voted on at the Presidential e.
lection and second, by referring the bill to
the Judges of the Supreme Court, to have
them give an opinion whether or not it was
constitutional. And in both cases the result
is just what all had good reason to expect
In only 79 towns cutofthe go in the State was
the least notice taken Of the resolution by the
friends of Temperance.
As to the decisionof these gentlemen of the
Supreme Court, it amounts to just nothing
in it's bearing on the Constitution of New
Hampshire even, land they do not pretend to
90 beyondtheir own State, save in one point.)
for they say in the outset:
"Under these considerations We feel it due to
ourselves in justice to say, that whatever opinions
we may express upon this. bin, must De regarded
ms Impressions bv whichhwe should not feel ourselve.
bound, if the bill should become a law, and if the
: rights of citizen should depend upon its construc-
/ ton"
9 Here their intcrrogators are fatty told that
the opinion they are about to give must not
be regarded as in any way binding, Ii. c. re-
: lied on in case they should officially be cal
E led upon TO decide the same points where "the
rights ola citizen are legally at stake. So
much for the impressions Of Judge Gilchrist
& Co. For one, we should much prefer to
n have the decision of these gentlemen in q case
Il on trial, than their impressions (growing out
40 Of hostility to the Law, for aught we know as
70 private citizens.
That each State has the constitutional right
h to say in what quantities, and in what way
liquors may or may not be sold, or that they
- shall not be sold at all, has been thrice estab-
: lished by the Us. Supreme Court at Wash
! ington, in cases brought before it.
81 Following we give the unqualified decision
~ ofthe full bench Of Judges in the cases carried
up in 1917, by appeal from Massachusetts, and
Rhode Island
Chief Justice fancy said IF any State deems
the retail and internal traffic in ardent spirits iniu-
= rious TO its citizens, l see nothing in the constitution
les to prevent it from regulating and restraining the
vas traffic, or from prohibiting it altogether"
Dir. Justice McLean said: mo person can intro.
OIL Tnn0S ~ n .p.,rT ,ls-na- H.
thing which eontaminates its morals or e~ndanger.
its safety"
ma, III. Justice Caf.on said: If the State has til,
ion power Of restraint By licences to any extent, she ha
tho the discretionary power to judge of its limit, and ma,
go to the length of prohibiting sales altogether.
tier Nr. Justice Daniel said ofimports that are clear
,on- ed Of all control of the government. They are lik
- all other property of the citizen whether owned b
the the importer or bis vendee. or may have been pui
mer chased by cargo, package, bale, piece or yard, or b
hogsheads, casks or bottles" In answering the al
gUment that the importer purchases the right to Sc
for when he pays duties to government, Mr. Justice Oar
iel continues to say, No such right is purchased b
" the importer; he cannot purchase from the govern
e of ment that which it could not insure to him. 2 sale il
i ARd Nr. Justice Grier said, 1t is not necessa,
INC to array the appalling statistics of misery, paupe
ism and crime, which have their origin in the use an
e. abuse OF ardent spirits. The police power which
"0'' exclusively in the States, is alone competent to Il
said correction OF these great evils, and all measures
restraint or prohibition necessary to effect a purpos
are within the scope of that authority.
per- Upon another occasion, Chief Justice Ma
shall holds the following language in the [
will S. Supreme Court:
Rail The genius and character of the whole u.
Government seems to be, that its action is to be a
e Piled to all the external affairs Of the nation, and
those internal which affect the States generally, b
not to those rhich are CON pLeteIy rithin a particuI
State. The completely internal eoag,erceof a Stat
Onal then, may be considered as reserved for the Sta
itself"
orad In a case carried up to the U. S. Supren
nr Court from the State of New York, the Cou
no+; decides that's State may pass any law
THAT concerns the welfare of the whole peop
oVed Of q state, or any individual within it, whether it 7
lttee late to their rights or their duties, whether it il re
- poets them rs mon or as citizens of the state. whet
: e er in their public or private relations, whether it I
lren, late to the right of persons or of property, of I
one whole people of the state or of individuals within
ana whose operation is within the territorial lin
new Of the state, and upon the persons and things with
the its jurisdiction"
With all Difference to the impressions"
the New Hampshire Judges, we had rath
rely upon these decisions of the u. S. Suprer
e" Court, as to what is and what is not cons
:" tutlonal." From the character Of the ties
- mony, we are constrained to believe that
!" Constitution of the United States does not,
the any monpor - -
traffic becomes any part of the internal COZ
merce OF a State, and that a State need not
~, alarmed about running against ''this sacr,
instrument" by prohibiting, with requis
penalties, the rum traffic.
p. Editors Table.
nee; \. c. UNIVERSITY MAGzINE-This Periodical l
s the now concluded its first Volume, and we are glad
join see it has cleared expenses. and enters mon the n