Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1854-03-15

State was the sole and uncontrolled Judge
of her policy; and that he claimed for the
court no power to review her decision on
that point. He only claimed that State
laws must yield when they come in con-
fict with the acts of Congress- The court
unanimously decided that the law of Mas
forbidding the sale in less guam
ties than twenty-eight gallons and the law
of New Hampshire forbidding the sale in
any quantity, Fwere not inconsistent with
the Constitution of the United States, nor
with any acts of Congress- And they full
ly established the right of State to pro-
hibit entirely the sale of intoxicating drinks.
Chief Justice Taney: Every State may
regulate its own internal traffic, according
to its own judgement, aIdppon its own
views Of the interest and well being of its
citizens. [ am not aware that these prin-
ciples have ever been questioned. If any
State deems the retail and internal traffic
in ardent spirits injurious to It's citizens,
and calculated to produce idleness, vice, or
debauchery, see nothing in the Constitu-
ton Of the United States to prevent it from
regulating and restraining the traffic, or
from prohibiting it altogether, if it thinks
proper. The law of New Hampshire is
valid law; for although the gin sold was
an import from another State, and Congress
have already the power to regulate such
importations, yet as Congress has made no
regulation on the subject, the traffic in the
article may be lawfully regulated by the
State, as soon as it is landed in It's terri
tory, and tax imposed upon it, or IL
cense required, or the sale altogether pro-
hibited, according to the policy which the
State may suppose to be its interest or its
duty to pursue" All -seeiate Justices
agreed with the Chief Justice in this result.
Mr. Justice Mclean: "The acknowl-
edged police power Of a State extends often
to the destruction of property. A nuisance
may be abated. It is the settled construc-
tion Of every regulation Of commerce, that
no person can introduce into a community
malignant diseases, or anything which con-
teammates its morals, or endangers its safe
ty. individuals in the enjoyment of their
own rights must be careful not to injure
the rights of Others"
Mr.. Justice Catron [ admit as inevi-
table that if the State has the power of res
traint 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 and
that if this court cannot interfere in the
case before US, neither could we interfere in
the extreme case of exclusion
=, Mr.. Justice Daniol entir~a.-,a ,aucurred in
the decision of the court, but prOtJsUva--.--
gainst the doctrine that the State cannot
control the sale Of an imported article by
the importer, or in the original bulk or
quantity.
Mr.. Justice Woodbury. 'There is no
contract, express or implied in any act of
Congress, that the owners of property,
| whetherimporters or purchasers from them,
shall sell their articles in such quantities,
or at such times as they please, within the
respective States. Nor can they expect to
sell on any other or better terms than are
allowed by each State to all its citizens.
go further on this point than some of the
C court, and wish to meet the case in front
d and in its worst bearings. If these laws
: were in the nature of partial or entire pro
e hibition; to sell certain articles within tht
s limits of a State, as being dangerous to pub
: lie health Or morals, it does not seem to mt
). that their conflict with the Constitution
1t would be clear. Whetheg such laws coulC
t, be classed as police measures, or regulation
y of their internal commerce, is of little con
E. sequence, if they are laws which, from thei
e. nature and object, must belong to all SOY
h ereign States. Call them by whatever name
rs If they are necessary to the well being an
s. independence of all communities, they bt
le long to the reserved rights of the States
K The States stand properly on their own pow
n ers and sovereignty, to judge Of the exped
ut ency and wisdom of their own laws
ed Mr.. Justice Grier: 1t is not necessar
", to array the appalling statistics of miser,
IL pauperism, and crime, which have their or
nd gin in the use or abuse of ardent spirits.
ne The police power, which is exclusively
le- the States, is alone competent to the co
at rection Of these great evils, and all measur
ne of restraint or prohibition necessary to e
OF feet the purpose are within the scope
in that authority. If loss of revenue shou
ed accrue to the United States, from dimi
de ished consumption of ardent spirits, s.
1e. will be the gamer thousand fold in Il
an health, wealth, and happiness ofthe peopl
rs This decision gave universal Joy to t
,he friends ofTemperance throughout the cou
he try. Has it any bearing upon the MAIN
nal LAW. It certainly has. 'There is b
ett, one particular FEATURE says distinguish
on, legal writer, on the face of this law, viii
ar did not present itself in the great M;
to sachusetts case. The laws of Massact
ms, setts had not contemplated the seizure a
ith destruction of property. Yet the right
law destroy, as included in the general power
the self protection is clearly presented. IT
ate laws, says Justice Grier, seize theinfec
and cargo and cast it over board, not from a
on. power which the State assumes to regul
lies commerce, or interfere with the regulate
: of of Congress, but because police laws for
the prevention of crime, and protection of
opo- public welfare, must of necessity have
the and free operation, according to the exig
car cy that requires their interference
de- There is nothing neFel in the destr
the ton of private personal property, from
sion entire cargoes of Smyrna figs to boxes
out, rotton oranges. Counterfeit money is
est vate property. Dogs are private prope
tox- Obscene books and Pictures are priv
It of property. The implements of gambling
wise private property. Yet all these things
airt notoriously destroyed, without the least
1t a gard to the sacrifce.'-L. N. Sargent,