Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-11-03
PUBLISHED LY REQUEST
ConEtitTt:ola)ity of the M2ine Law.

PUBLISHED LY REQUEST
ConstitUt;o1a]ity of the M2ine Law.
Ch'ct justice TGney's opinion IN regard
to the potrer of a Stqtc.-lH Howard's Re-
port, vol. 5, p. $50. Upon the whole.
tke-eiCre, the law Of New Hampshire is.
in my jud dgment, valid one for though
the gin sold was an import from another
State, Congress has clearly the power to
regulate such importations, under the
grant of power to regulate commerce
among the several States: yet as Coa-
gress has made no regulation on the sub
iect, the traffic in the article may he law
fully regulated by the State as soon as it
is landed in its territory, and tax i'm
posed upon it or a license required. or the
sale altogether prohibited, according to
the policy which the State may suppose
to be its interest or duty to pursue.
Mr.. Justice McLean's opinion on the
subject, is, in substance, the same
(lioward's Report, vol. 8, p. 593.)
Nr. Justice Cdtro,l's 0pinloa.-IHow-
ards Report, vol. 5, p. Gil. il admit as
inevitable. that if the State has the DOW
er Of restraint by licenses, to any extent.
she has the discretionary power to Judge
of its limit, and may go to the length of
prohibiting sales altogether, if such be
her policy.
Justice PGaiel'S Opinion.-, ,IIoward's
Report, vol. 5, p. 6ll.)-Every State,
that is in any sense sovereign and inde-
pendent, possesses, and must possess, the
inherent power cf controlling property
held and owned within its jurisdiction,
and in virtue and under the protection Of
its own laws, whether that control be
eXerted in taking it or in determining the
tenure, or in directing the manner Of its
transaction.
G'r. Justice Nelson concurred in the
opinion of the chief aud associates
iIIoward's Report, vel. 5, p. 629.)
Dir. Justice tIJood5,uy 'sopinioa.-(How-
ards Report, vol. 5. p. 629. )-The power
to forbid the sale of things is surely as
extensive and rests on as broad princi-
pies of public security and sound morals,
as that to exclude persons and yet who
does rot know that slaves have been pro-
hibited admittance by many four States,
whether coming from their neighborS or
abroad And which of them cannot for
bid their soil from being polluted by in
cendiaries and felonS from any quarterl
JL. Justice Grier's Opinion. EIoward's
Reports. vol. 5, p. 629. II take this oc-
casion, however, to remark, that the true
question presented by these cases, and one
which am not disposed to evade, is,
whether the States have right to pro-
hibit the sale and consumption of an arii-
Gle of commerce, which they believe to be
pernicious in its effects, and the cause Of
disease, pauporism, and crime. [ do
not consider the question Of the exclu-
siveness of the power of Congress, to
regulate commerce, as necessarily con-
nected with the decision of this point.
1t has been frequently decided by this
Court, "that powers which relate to
merely municipal regulations, or what
may more properly be called internal
police, are not surrendered by the States,
Or restrained by the Constitution of the
United States; and that, consequently,
In relation to these, the authority of a
State is complete, unqualified, and con-
elusive" Without attempting TO define
what are the peculiar subjects or limits Oh
this power, it may safely be affirmed, that
every law for the restraint and punish
ment Of crime, for the preservation of the
public peace, health, and morals, must
come within this category.
Page 632: 1t is not necessary, for the
sake of justifying the State legislation now
under consideration, to array the appall-
ing statistics of misery, pauperism, and
crime, which have their origin in the use
and abuse Of ardent spirits. The police
power, which is exclusively in the States,
is alone competent to the correction of
these great evils, and all measures of re-
straint or prohibition necessary to effect
the purpose, are within the scope of that
authority. There is no conflict of power
between the States and the United States:
each is acting within its sphere, and for
the public good, and if loss of revenue
should accrue to the United States from
diminished consumption of ardent
spirits, she will be the gamer thousand
fold, in the health, wealth, and happiness
of the people.
The Indians in North California and South
ern Oregon have combined their forces. and
threatened desperate war against the white
population. Several battles between the op.
posing parties had already taken place, but
the Indians in each engagement were over.
powered and defeated. This had exasperatec
them still more against the whites, and wa,
Il - A.