New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-01
JUDGE CURTIS on RUMsgLLING.

JUDGE CbhII- w ~ H-bhh'+N"'
The People Of the State Of Rhode Island
elected Legislature expressly TO pass Law
prohibiting and furnishing the sale Of Alcoholic
Liquors to be used as beverage within the
limits Of that State, and the Legislature
obeyed the popular mandate. The Rumsellers
resisted the law in the State Courts, and were
beaten: but they have carried peculiar case
where nonresident Of the State claimed TO
be owner Of the confscsted Liquors. up to the
L. s. District Court, and have there obtained
q sweeping verdict from Mr. Justice Curtis of
Boston-no very earnest disciple we are conf
dent, either Of State Sovereignty or Total Alb
stnnece The case. We presume, viii be car
ried Up TO the Supreme Court nov sitting at
Washington, and We trust its essential and
pressing Importance viii secure for it prompt
hearing and an unequiyocal decision.
We do not believe that august tribunal viii
sustain all Judge Curtis's positions; but we
must prepare for partial concurrence in his
views. Our higher judges are nearly all dew
otees Of the sparkling bovl''-in moderation,
Of cOurse-and they cannot, therefore, compre'
bend the fundamental proposition on which the
Maine Law reposes-namely, that Alcohol isa
poison, and its dispensstion rghtfully subject
to all the statutory and police restrictions
which regulate the sale of poisons generally.
Had the legislation of Rhode Island here as
sailed been directed against Obscene Books and
Prints, and had Mr.. Greene shipped an invoice
of such Books and Prints to Providence, aud
had they there been seized and coniscsted I'M
der law against such publications similar In
all It's principles aud essential provisions to the
Ant-Rum Law, we have not doubt that
Judge Curtis would have sustained the Law,
and non.sui.cd or beaten Mr.. Greene. So had
Virginia or South Carolina passed an act es-
sentially similar in its provisions to this
Rhode Island act, save that il was aimed at the
illegal importation into such State of Abo-
ltiOn appeals to their Slaves to rise and cut
their masters threats, We have no doubt that
Judge Curtis would have upheld the act, nor
that thefull Court would, on appeal, uphold him.
This. We are confident, is the old case of the
Dutch Justice who put the screws to Il long
row Of tipplers who had been tempted to get
drunk on Brandy, Rum, Beer, &c, but let off
the lucky dog whose overpotent stimulus was
Punch, because " gifts drOOnk on Bunch N.Y.
self sometimes"
We Maine Law men must have patience
-. Il. Al e. 49,
running out. We must anticipate, receive un-
dauntedly, and coolly devise the ways and means
Of obviatng such side blows as this of Judge
Curtis Such Reform as we contemplate is
q WORK, not of Gays or months merely, but of
years. Full well We know that q Sovereign
State has power TO protect its citizens against
so peryading and terrible scOurge as the
Rum Traffic, and that where there is q will
there must be a way A State certainly has
the right to forbid and punish the commission
within her limits Of acts which she has SOL
EMMY adjudged destructive to her prosperity
and perlous 10 her morals-prOrided those acts
be not expressly authorized by the Federal
Constitution. VIII any one assert that Rum
selling is an act of this nature Ii so, why
not Public Gaming aud keeping Houses of In
fanny The Supreme Court cannot prevent
the States forbddng and suppressing the
Rum Traffic without oyerturning the founda-
tions Of Gil Penal Law whatsoever
Friends of thorough Temperance. stand
firm The decision just made may be over.
ruled by the Court above; and if not, il can
by possibility only invalidate certain prOrisiOas
for suppressng the desolating Traflic-not the
vital principle of Suppression. Be earnest and
/ faithful and our ultimate triumph IA eertajni