Demoine courier., 1855-03-01
For the Demoine Courier.
THE PROHIBTTORY LIOUOR LAW.

columns extended 10 those who might
desire to discuss ibe merits or dement's
Of the law passed at The recent session
Of the General Assembly Of this State,
entitled IAN act for the suppression of
lntemperance." | propose to present
some arguments in favor OF that law,
both as TO its constitu,ionality and ex.
pediency, in this and other articles which
| may prepare for your paper. Having
TIE opinion most, firmly entertained and
already expressed through your columns,
that the law will take effect, when it is
'printed, bound and distributed 70 all the
organized counties in the State" whe,h.
er a majority of the votes cas-, al the
election in April, be for or against it, |
shall now attempt 10 show that The law
entire is both constitutional and expedi.
ent.
The law prohibits the manufacture or
sale in this State of intoxicating liquors.
to be used as a beverage, and only per.
mits their sale by n or two agents, 10
be appointed by the county Judge, in
each county, for mechanical, medicinal
and sacramental purposes. Is II uncon-
stitutional thus to restrict and limi, the
traffic in intoxicating liquors? The leg
isla'ion of the State on this subject, from
lis organization TO the presen, time, has
restricted and limited to a greater or less
extent, the free traffic in ardent spirits,
yet no one has been lynx eyed enough to
discover, or bold enough TO asser. such
legislation to be contrary 10 the proyis
ions Of The constitution. The ~acquies-
cence in a particular species Of legisla.
ton, by all departments of government,
by parties ~lltigant, and by the people en-
masse, has always been held by The courts
to be a strong argument in favor of their
constitu'ioual!,y. Blu, the question which
lies a. The bottom of this principle be.
lieve 10 be that which is involved in the
right Of the Stale TO prohibit, altogether,
the introduction INTO her borders, of in.
,oxica,ing liquors. The power OF self.
preservation is a power reserved by ev-
cry State in the Union; it is a power in
deed, inherent in, and inseparable with
the existence Of every organized com.
munily. The Supreme Court Of the u.
S., a, its Dec. term, ls4s, in the case Of
Smith VS.. Turner, say, in reference to
the power of the States: "'They may
guard against the introduction of any
thing which may corrupt the morals. or
endanger the health or lives of their Cit
izens." This doctrine has been solemn
ly adjudira.ed by that court time and
again, and whenever and however The
question has been presented, the court
has uniformly held that this power of
self preservasion-,he right to protect
their citizens agains, immortality as well
as disease and DEATHS unquestionably
reserved to the States. See Ia Pet. $40
lis Pet. 449-l6 Pet. $50.
If then, this State has the power to
''guard against the introduction Of any,
Thing which may corrupt the morals, or
endanger the health or lives Of its clti.
~zens," let me inquire who is to Judge
whether this thing Or Ina. will o
rupt the morals, endanger the health or
life Of the citizen? This discretion must
he exercised. either by the executive.
legislative or judicial department Of the
State. No one will advance the idea
that the Governor may exercise this
power. nor indeed will any one claim for
the Judiciary this right-,hen all must
admi. that it rests of necessity in the
General Assembly-and as this depart.
ment expresses its will! by means of leg.
~islative acts, we find in the law under
consideration an expression of ,ha. will,
which is, that the introduction and use
within the borders of the Stale Of intox.
i%cating liquors as an article OF merchan.
disc and 10 be sold as a beverage, is a
thing which corrup,s the morals and en-.
dangers the lives and health of our Gill;
Zens. =
If the legislature has the right TO ex-
clude from the State, the introduction OF
intoxicating liquors, altogether, no one
will deny that i, may prescribe conci-
tons upon which they may be in,rodu.
ced. and for what purposes used and
how ant by whom to be sold. The