Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1853-04-20
III LIQUOR Question"

Under this head, the Elitor ofthe Warren
ton News gives his first article in the contro-
vorsy with the Weldon Patriot, in mainten-
AucO Of the right and propriety to legislate
for the entire prohibition of the traffic. The
" constitutionality" of such an enactment is
not argued, no much as it is controvertibly
proved by quotations from the opinions Of
Judges of the Supreme Court of the U. S.
We have often published these able and con-
elusive views, but perhaps it may not be amiss
to repeat them
Chief Justice fancy said -" IT any State deems
the retail and internal traffic in ardents spirits in
furious to its citizens, and calculated to produce
idlenoss, vice or debauchcry, | see nothing in the
Constitution Of the U. States to prevent it from
regulating or restraining the traffic, or from prohib-
iii y II altogether, If it think proper Howard,
577.
Mr.. Justice Mclean said GA license to sell an
article, foreign or domestic, as n merchant, or inn
Keeper, or victnaller. is n matter Of police and rev.
enue. WITHIN THE POWER OF THE STATE."@ How.
ard. $50. And again " 1t is the settled c%onstruc-
ton Of every regulation of commerce., that under
the construction Of its general laws. no person can
Introduce into n community malignant diseases. or
anything which c%ontaminates morals. or endangers
its safoty."-Ibid. "If the foreign article be in,
furious to the health and morals of the community
n State may, in the exercise Of that. great and com
prehensivo police power which lies at the founda-
ton Of its prosperity, PROHIBIT THE SALE OF IT.
Ibid. 500. "NO one can claim n license to retail
spirits ~ n matter Of ~right."-Ibid. 597.
Mr.. Justice Catron said: elf the State has the
power Of restraint by licenses to any extent
she has the discretionary power to judge of its linn
its, md may go to the length of prohibiting sales
altogcther."-5 Howard. GIL.
Mr.. Justice Daniel said Of imports that are clear
cd Of nl control of the government which permits
their ntrduction-"They are like all other proper
~ Of the citizen, and should be equally the sub
jscts Of domestic regulation and taxation, whether
owned by an importer or his yender, or may have
been purchased by cargo, package, bale. piece or
yard, or by hogsheads, casks, or bottles."-5 How
ard. Glt.
Mr.. Justice Woodbury. said: after articles have
come within the territorial limits of States, wheth.
er on land or water, the destruction itself Of wha
constitutes disease and death, and the longer con
tuuance Of such article within their limits, or thu
terms and conditions Of their continuance wbe1
conflicting with their Legitimate police, or with thei
power over internal m or with their RICH
of taxation ever all persons and property within
their Jurisdiction, seems one of the first principle
Of State sovereigutv. and indispensable to p2bli
Fafcty."-5 Howard. $50.
Mr.. Justice Grier said: 1T is not necessary I
array the appalling statistics Of misery. p%auperisn
and crime. which have their origin in the use an
abuse Of ardent spirits. The police power. wh'c
is exclusively in the State. is alone comnetpnt
the correction Of these crca; evils. and all measure
Of restraint or prohibition necessary TO effect TIL
purpose, are rithin the scope Of that oahority-
There is no conflict Of power. or Of legislation.
between the Suites and the United States; each
acting within its sphere. and for the public goo
and if u loss Of revenue should accrue to the Unite
States from a diminished consumption of nrde
spirits. abe uU be Il gainer u thousand fold in Z
hepith, ecaih, aud happiness Of the people,
Howard. 632.
1t would seem [says the News almost s
pornnous to add to tho above proof Of Il
constitutionality offs prohibitory law, y
there is much more and strong argumer
dedueible from tho action of legislatures, CIV
that Of our own State, bearing upon the poir
and which we propose to bring forward hel
after.