The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1855-11-08

is that intoxicating liquors possess in fact all
the elements of property, and that this clause
OF the constitution carries with it as neces-
sary implication or incident, the right to sell
and enjoy, and that the legislature cannot
rghtfully prohibit the one, or take away the
other, by ordaining its destruction. when the
rEht itself is asserted. Conceding liquors
TO- be property, yet it must be remembered
that the right to acquire and enjoy property
is, after all, subordinate TO the greater in
terest involved in the coAmon safety and hap
piness of the public, which is equally the sub
.ect Of constitutional protection, snd in as
sorting and enforcing constitutional rights,
whether expressed or implied, the Court is
bound TO observe the qualifications and lim-
tations imposed upon them By other constitu-
tional provisions, 30 ~ to harmonic and give
enect to the whole instrument. This right
to acquire, hold and traffic in property. has
been recognized and enjoyed by oil civilized
nations, without objection. but under certain
defined restrictions for all these nations. as
well as every,well regulated government, have
claimed and exercised the power Of regulating
! by law to greater or less extent the COM
merec of property, of prohibiting its use un-
der gwen circumstances, declaring it q NUS
ance under other ascertained conditions, and
providing Tor Its abatement, and even des-
tructlon. And it is amazing to think thai
there are those vet and even some courts,
who persist in denying that the power can be
legally exercised by the government, although
the acts of Congress and the statute books
OF almost ali the States abound with instan-
| ces where it has been exercised without scru-
pie, in the forfeiture and con6scation Of goods
and vessels, for a violation Of the revenue
laws; IN the condemnation of gunpowder
Kept in improper places in the killing Of
dogs worrying sheep: IN the destruction of
gamblers tables, and other apparatus in the
destruction OF infected property, under quar-
anime regulations and the innumerabe in
stances OF the abatement of private and pub
nc nuisances. 1t is scarcely necessary to
elaborate this proposition. The courts of
this country must all come at last to recoe-
nlze the principles established in the license
cases determined in the..Supreme Court of the
United States in lS47, reported in 5 How,
oU4, as an authoritative settlement of the
law upon this subject. The decision grew
out of the liquor laws of Massachusetts and
New Hampshire, and which involved the pow
er OF the State legislatures TO regulate. Us
well as 10 lnhblt, the sale Of intoxicating lio
uors, and was made after an amount of legal
learning was expended by the ablest iurists
oi this country, which exhausted the subject.
AAd nos NShAilNiNtiy scttItu, ia tIe opinion OF
this court, the question of the power Of the
States to enact such laws, when in their udg-
ment II may be necessary TO secure health,
safety, and good order or to prevent crime
and pauperism within their respective iuris-
dictlon, provided their several constitutions
SHAH not forbid the exercise Of such power.
AND 1t was further held bv the same Court,
that the exercise Of this power By the States
dld not conflict with that of the General Gov
eFnma nt over commerce, to levy imposts, &C.,
lac..a7e "A began its operation where the DOW
or or Congress ended, to wit, at the point
where the goods imported passed beyond the
control OF the importer, and mingled with
the general mass Of property in the country.
other kindred questions were settled in those
eases, which Will not fail 10 command the ac
ceptance of every lawyer who will take the
troaDle carefully to examine the ANALYSIS !
there made OF the respective powers Of Con- !
sress and the State governments over the do /
nestlc trathc and commerce of the country
Inc SIMPLE tact Is, the power TO ordain the /
distraction OF intoxicating liquors, kept for |
sale IN violation Of law, is no higher or differ |
ent power IN principle, than thar which is ex-
eccised IN killing dogs that chase and bite |
sheep, yet the lattor IS acquiesced in, whilst /
the former encounters constant opposition.
rs though the loss of few sheep, BY n bad
dog, was greater evil than that which costs
the nation millions of dollars annually, fills
our penltentlaries with felons, our asylums
with iunatics, our cemeteries with premature
graves, TO say nothing of the tears. impover-
lshment, dllapidated intellects and impaired
moral sense, that follow in the train of this
monstrous curse. 1t is difficult to account
for this singular inconsistency, in conceding
the power In the one case ana DENYING il 10
the other. unless its solution NAV be found
IN the fact that the vicious thirst of the dog
Tor the blood of the sheep, fails to quicken
the nlnd's. perception to apprehend the want
OF constitutional power, in the one case, as
does the thirst OF Il man for the spirit of al
oohol in the other.
The expedisncy of these coercive measure
to suppress the evils Of intemperance is az,
experiment, the wisdom of which is doubted
by many. good men, who believe that the evil
would be best remedied by the lmpIa atation
Of moral principle in the hearts Of the people.
De this as 1t may, the question may still be
asked, whether 1t il not the dictate of reason
as well as wisdom, that the experiment hay
ing thus been entered upon, its capacity for
good should not now be fully and fairly test
ed. out Of Difference to the opinions of the
multitudes who have participated in initiating
and maturing these prohibitory measures. 1t
does 80 appea TO the Court.
The grounds, however, upon which its ad-
yocates claim the right to resort to coerciye
measures ought not to be misunderstood. If
the use Of alcohol as u beverage was limited
10 Its injurious consequences to the drinker
alone, as over eating, use of tobacco or OPT
u'n, are, without sensible mischief to the
publlc, then the exercise Of such power
might well be questioned. But alcohol is
quite distinct IN its constituent properties
and effects from all other kinds Of drinks or