The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-03-25

now IN answer TO al tins, ! say that
q State exercises its power when that
ofthe United States terminates. And
that the United States power termi-
mates with the collection Of its duties.
That the United States has no right
TO regulate the trade Of an individual
State, though she may regulate the
trade with foreign States, or between
the several States Of the Union /
make a distinction between the word
commerce and the word trade--trade
being applicable to the business with
IN the limits Of a State-and COM
meree beingmore properly applied to
the business between foreign and do
nestle States. The language is "to
regulate commerce with foreign ma
tons and among the several States,
not to regulate the trade within the
several States. How, then, this can
be construed into power incompati-
bic with the internal regulations Of a
sovereign State, we may well be at a
loss to imagine. But as | understand
the matter, the question has been de-
cided in analogous cases at least, both
by the Supreme Court Of the United
States, and by the Supreme Court Of
the State Of Pennsylvania, and if time
would permit me to travel further.
| think | could satisfy any man that
it was virtually decided by one half Of
the States Of the Union, and never
doubted by the others.
Whoever denied that tits Constitu-
tional to prohibit the sale Of liquor by
less measure than one quart-or to
tax licensed houses, or to prohibit the
introduction Of powder or poison into
the city? Yet all these might remote
ly affect the reYenue-but it is never
theless State right-and not col
lision with a just construction Of the
Constitution. If We have the right
to prohibit the sale Of less than a
quart-We may forbid the sale Of less
than a pipe.
You can prevent the introduction OF
disease into your State BY Quarantine
Laws. You may prevent peril 10 the
safety Of the community BIZ excluding,
or removing powder OF poison, Or any
other deleterious article. You can
prevent the introduction Of obscene
books, which may corrupt the morals
Of the community. You can do any
thing, that the efficiency Of sound
Police Regulations may require, and
although in some of these matters,
Congress may have the authority to
interfere yet Congress never has in
terfered, and never will Interfere, and
therefore, there will probably be no
collision between Federal and State
rights. So
tits not a possible collision, it is an |
actual collision, that is 10 be regarded |
in this discussion.
Here, various State authorities are
referred to as follows: 5Howard 504;
7 Howard 402; 8 Wheaton page /;
9th Wheaton, 203; IL Wheaton, 41o; /
II Pelus 102, 1921 q1
These authorities appear to me to
be sufficient for all the purposes Of
this occasion. They are authorities
furnished by the sages Of the Law
before the Maine question was agita-
ted or thought Of. They are from
the highest State and National Tri-
bunals-and of course, free from the
imputation of any thing like bias,
prejudice or passion. 1t is believed
in these views there is an entire una
nimity among the judges of the Su.
preme Court Of the Land. Not only i
SO, but among most of the illustrious
Jurists throughout the continent, the
exercise of whose intellectual powers
has not been impaired or perverted By II
an ambitious and overweening desire
of irregular political advancement, or
obscured or drowned in the Cifcean
Bowl. a ai0is1 II
n