The organ of the temperance reform. (Cincinnati, O. [Ohio]) 1852-1853, 1852-01-16
NJ NJ BERLl.
THE IiouIor T,aw.

A correspondent requests us to,publish,
the opinions of the Judges of therSu-
Ipreme Court of the United States, in
THE Massachusetts case, argued against
the Massachusetts law by Mr.. Web
ster and Mr.. Choate. The Judges
were unanimous in sustaining the
Massachusetts law, and in affirming
the power of the States, not only to
restrain and regulate the liquor traffic,
but to prohibit it.
Chief Justice Taney said, eff any
State deems the retail and internal
traffic in ardent spirits injurious to its
citizens, see nothing in the Constitu-
ton to prevent it from regulating and
restraining the traffic, or from prohib-
iting it altogether"
Mr.. Justice Mclean said, "No per-
son can Introduce inlo community
malignant diseases, or any thing
which contaminates its morals or en-
dangers its safety"
Mr.. Justice Gatron said, "If the
State has the power of restraint by
license to any extent, sheamay go to
the length Of prohibiting sales alto
gether."
Mr.. Justice Daniel said of imports
that are cleared of all control of the
Government, "They are like al other
property of the citizen, whether own
ed by the importer or his vendee, or
may have been purchased by cargo,
, package, bale, piece or yard, or by
: hogsheads, casks, or bottles" In an
+ swering the argument that the i'm.
o porter purchases TO sell when he pays
. ctyssiSa 9ssifssS5.ss, tsossse Ds@sss.,l
e continues to say, No such right is
: purchased by any importer; he can
d not purchase from the Government
i that which it could not insure to him.
. "a sale independently Of the laws
e and policy of the State"
+ And Mr.. Justice Grier said, alt is
not necessary to array the appalling
: statistics of misery, pauperism and
f crime, which have their origin in the
r use and abuse of ardent spirits. The
/ police power, which is exclusively in
! the State, is alone competent to the
correction of these great evils, and all
measures of restraint or prohibition
necessary to effect the purpose are
E within the scope Of that authority. All
laws for the restraint or punishment
+ Of crime, or the preservation of the
public peace, health, and morals, are,
= from their very nature, of primary i'm
| portance, and lie al the foundation of
| social existence. They are for the
| protection of life and liberty, and ne
l cessariIy compel all laws on subjects
1 Of secondary importance, which relate
r only TO properly, convenience or lux
r ury, to recede when they come in con-
Y tact or collision. SaLut popuLi Supre-
Il ma lea. The exigencies Of the social
II compact require that such laws be be-
5 fore and above all others. 1t is for
y this reason that quarantine laws,
y which protect public health, compel
IT mere commercial regulations to sub
s. nit to their control. They restrain
is the liberty Of the passengers they
operate on the ship, which Is the in
is strunent. Of commerce, and its cfficers
lie and crew, the agents of navigation.--
SO They seize-thsiHleeted. cargo and cast
>. it overheard. All these thingsa are done,
of not from any power which the State
assumes to regulate commerce, or 10
to interfere with the regulations of Con-
!" gress, but because police laws for the
/, prevention of crime and protection ol
" the public welfare must of necessity
IS have luH and free operation, according
o, to the exigency that requires their in,
IL reference. If a loss of revenue should
re accrue to the United States from the
Of diminished consumption of ardent
is spirits, she will be the gamer a thou
re sand fold in the health, wealth, and
f. happiness of the people"
le Thus all the Judges of the United
States Supreme Court, reaffirmed and
corroborated the decision of each su.
h. bordinate State Court, that the entire
K control of the sale Of Intoxicating
w drinks is within the legitimate pro
ng vince of the State Legislature. .-Au
a gu8ta Age.