The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-09-30

straint of trade, and violation OF the ill'
dividual right of each one to follow ms
own business. Indeed, so far has this
| idea been carried, even by learned lu'
rists, that the constitutionalily OF the
| State laws, prohibiting, controlling anu
preventing the sale OF liquor, was de-
| MED. 1t will be remembered that IN
1897, Massachusetts passed the % gal
4 lon law, forbidding less quantity OF IL
/ quor than that from being sold. Mr.
Il Webster and Mr.. Choate, as lawyers,
Il thought the law unconstitutional and
/ void, because it thwarted the operations
/ of the paramount4aw Of Congress, reg
ulating imports and the treaties with
4 foreign powers. 1t was contended that
if it was right to import, it was right to
retail since import applied its use and
consumption in small quantities,
4 Similar questions arose in Rhode Is
land and New Hampshire; and they
were all taken up to the highest tribunal
of the land, the Supreme Court OF the
United States. The case is fully reported
in Howard's Reports. The decision OF
that Court sustained the constitutionallty
of the laws of the State. The decision
is an honor to that noble bench of judges.
It is we'll for the cause Of good morals
and pure Justice that we have tribunal
thus constituted, apart from the bicker-
ings of party and social strife, in whose
calm forum the voice OF conscience
speaks in its still, small, yet all potent
voice. 1t is well, too, to notice the lofty
ground assumed by that tribunal, as the
basis Of its decision. The Chief Justice
Taney, (577 of 5 Howard) in delivering
the opinion of the Court, says:-''It any
State deems the retail and internal traffic
in ardent spirits injurious to its citizens,
and calculated. to produce idleness, vice
and debaucl Try, | see nothing in the
Constitution Of the United States to pre-.
vent it from regulating and restraining
the traffic, or from prohibiting it altogether,
if it thinks proper" That decision fixes
the right to prohibit. Judge Mclean
also says:-"Everything prejudicial to
health or morals may be removed, and
that this principle depends on the law of
self-preservation." The Court say in
their opinion, in substance, that this traf-
fic is a.,crime against society, disap-
proved by all true men, and conaemned
by the great moral judge of the Universe.
They upheld nobly the States of New
England in their endeavors to extlrpate
this crime and its horrible effects They
declare that the same principle which can
stop licentlous publications, infectious
articles, diseased meat; exclude lottery
tickets, gunpowder, indecent prints, and
many other matters deemed impolitic or
criminal; which prohibits the soil from
being polluted by incendiaries, felons
and paupers; and which prohibits one
government from making another pen
itentiary, hospital or poor-house for out
casts; also forbids all poisons 10 health
and instruments of vice, debauchery,
crime and misery.
Then let it be understood as the su-
preme law of the matter, that our States
have the power 10 restrain the sale OF
that which disturbs the public peace, and
invadeS the public morals and the pub.
lie health These objects lie at the foun-
dation of social existence. ALI laws in
conflict with this should be repealed;
for the supreme law is the safety of the
citizen
Does any one require it to be demon
strated that intemperance is crime
against society! Although it is a fore
gone conclusion with every observing
and intelligent man, although it is well
established that four.fifths of all the
crimes in the country spring from the use
of liquor; yet it may be well TO glance at
few recent facts. ,t .#
Returns before the New York Legis-
lature prove that upwards Of $4,000 per-
sons were arrested for crime in that State,
in 1S49, and that from four fifths to nine
tenths of all the crime committed had its
origin in intemperance The committee
to whom the subj ject was referred, esti-
mate the cost of pauperism caused by in
temperance to the people OF this State
during the year, at $23Oo,0OO. They
also estimate the amount annually ex-
pended for drinks at 1000 grog, shops
- T. Il ~. A