The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-16

cent Prohibtory Liquor law having been asked have
given the subject that earnest and attention
which its character and Importance fully demand
The main design in the enactment Of this statute may
have eradicate check admitted and greatsv
which II cannot denied thAtths mode adopted IL fully
carried out, must lead to the sacrifice OF immense
value Of individual property and reduce many from
condition Of reasonable competency to that Of compare
i've want. The anticipation OF such results cannot
fan 70 excite deep feeling Of hostility to the measure,
and to arouse the strongest efforts to oppose ts
taon. These arc natural and inevitable results aud
while opposition is kept within the limits Of the law Of
the land no one has any right to objest that 1t is
suitable or improper. The act too, draws in ques-
tioa the relative powers of the general and State
governments, and may present case whore those
powers are brought in conflict with each other,
may violate the constitution Of this State. 1t Is,
therefore, in every aspect subject OF the gravsst
SUCH or the policy Of the act have nothing say
ut this time. It may be thought in this, in many
% T. not stsoasd
amount Of discretion in adapting to the desired
enabat shall connns myself strictly 70 the provisions
Of the act and their legal meaning and eject.
In examining this subject the fret inquiry would seem
TO be- whether State Of this Union has power to pro-
and to enforce the of such law ia any
and the second TO the validity Of the measures
provided in this act for its enforcement 6rst
anime the naked question Of power, reserving what
have to the part OF the act for sepa
his but reasonable to suppose that this act was In
tended three disnct classes OF property TO
each Of which different laws may apply, and dissmiiar
For the drst class may be taken wines and other H.
quors imported from foreign coun tries
These brought into the Uuited States under the
authority of the general and in CON ,ornity
with various treaties and laws ON the subject. The
States power to prevent impede the importa
ton OF property from foreign countries for the treaty
making power Is vested in the President Senate Of
% 70 rsauste commerce with foreign nations" ICON.
sstuton Of the United States ART. l, 8, sub. 81
sage OF laws which provide for the intro uction Of
haSors and other property ON the payment OF
nvs are nara Of the supreme law Of the land.
fCopst art 6 The right to import s therefore con-
ferred and secured by law paramount to all State aa
importer To sell what he has thus imported This has
been ad,udred by the Supreme Court OF the United
states ana NAV be taken as ! point entirely ut rest
(Hrovn va the State OF MARYLAND IL Wheat. r. 4l9)
But this right to SELL irrespective Of and even In hos
ttv to STATE authority Is limited to sales made Of the
imnort in the form and condition ia which II NAV by
The av Of the United states be brought into the
v nry goods NAV y. sold in the original package "a
re. IN c,ses and other iauors in cs,ks for thew
NAV thus he ,mported under the laws which regulate
foreign commerce.. But when the import passes from
for retail NV the imoorter himself IL ceases 20
be apy longer under the projection of the
Ia ~ tha fIn;,ad States and faiIs al onca into
the general mass of nronertv within the state which
n shisct In rbs ercnsye Control Of the state isws
ind ha
snn.tent IN ysgaate and sven nrohibit the ssIe bv
imnarsrs of their orsnsI PACKAGES but notwithstsnd.
;n thsas onnions tina right 10 sell ali inn
ps5ts n That Condition NAV A. thek be regarded as
a. sstt,sa Law ~ the land The authority of the state
However further restricted BY the paramount law
Int riuht on the part of the to make sales of
their imports in that condition. far beyond this state
raoI.e and even nrobiat the sale of inn norted pro
nrtv of every deecrption AZ fully az IL NAV property
of Somestic growth or production (8rown VS. The
state OF Marvisnd supra he License cases How s. c.
United States r. bo4 (
The second class Of property which may be supposed
brouSht ;n from other states Of The Union
As congress has power to regulate commerce "auong
the several ststes Const Art l, 5. SUI, 50 the
ther NAV unuuestionably be thus authorized SO that
State act prohibiting ts INTRODUCTION would be of no
respsct to imports from forsisn couutriss, confer
right to sell what was thus authorized to be carried
thorzed 40 TO do has not vet law regulating
commercial dealings among the States. (rhe license
a S sb Of e
Union will not have been deprived of their original DO
ar rs sovereign States to the introduction from
ther States Of such articles may be thought inju
1ious TO the public welfare regulate prohibit
their sale within the limits Of the respective States
These principles viii be found fully asserted and sus.
tanned In the cases above cited.
The third class Of property referred TO- is wines and
other liquors Of the growth or manuta ,ture of this
country other State Of the Union have bsen bro 1gh
into this State and Incorporated With the general
use 10 subject the exclusive control OF State lava
That State has DO wer regulats the man
ufacture and production OF whatever may be deemed
noxous or adverse to the public interest aud that
may even prohibit such manufacture or production,
Will not, suppose, be denied by any And the
State has power prevent the manufacture produc
ton OF such articles within its limits, it may, undoubt
edy, regulate OF prohloi. tosay or quahnedy their
sale OF consumption Inese are ou. trus ms 70 whicn
question OF power Doubtless the public authorities OF
state may act IN such matter rs IN otners un wisely
and IN manner wnicn cannot ia 10 retrd IL 90 not
defeat the enc IN view put TINS VIII not SHOW nor tena
snow, ina. sns s.s.s sovereign power may no.
~ - sIc.I ~ n,on,o. re- nhi esI 'es' 'oe
best csiculesed 70 Promots tne pubic veal
nave salo .nat may % suppossa lnls ac. was M
snoea " en,pssoo ne ". % y. piopeJ w WHICH
reierence pas oeen nAue, anu, suca = Tvs enscls,
nave aeAuy s'nuicA.eo 10 seneIal way my op,nou "