Smyrna times. [volume] (Smyrna, Del.) 1854-1987, 1856-06-11
Sec. 81 reserves rights under existing licen-

Eoec. ~ reserves rights under existing Ilcen'
ses until their expiration.
This is a summary of the several sections Of
the act, but on the present motion, it is unne-
cessary to decide any other than the general
question of its coustitutionality with reference
to person inflicted under the first section.
Legislative power is an attribute of sove-
regnty. Whether derived from written con-
stItutlon, or existing prior to it, and merely re-
cOgnlzed for the purpose of being assigned TO
the proper department, it is the same. In this
State it exists in the people at large or has been
delegated by them to representatives with GER
tain Reservations and restrictions expressly
named IN the Constitution, or necessarily ina
Piled from it; or such as rise from the Federal
Union, as expressed or necessarily implied in
the Constitution of the United States.
The Act under consideration has been assail-
ed IN the argument as opposed to both of these
Constitutions, aud as violating the State Con-
stituton, both in its express restrictions and
its implied reservations. What these implica-
items are have not been, and cannot be, very
satisfactorily explained; but it Wa argued that
legislative power may be so abused in its exer-
else as to erceed its own delegated Limits. and
invade not merely the rights expressly reserved
to the people, but certain innate, inalienable
rights, existing in the citizen prior to the con-
stituton; and depending neither upon its re-
cognition nor reservation, for judicial enforce
mcnt.
1t is not easy to embrace a-definte idea of
this sublimated right without referring it to the
acknowledged power of changing the constitu-
ton itself at the will of those by whom, and
for whose welfare it was made. Apart from
this idea, it is difficult to conceive ofany power
to make or unmakG law that has not been dele
gated to the peoples representatives by the
written constitution, with the restrictions there
in contained, and the reservations made by
what is usually called the Bill of Rights. If
there be any legislative power beyond or above
this, it would seem to belong to the people
themselves, to be exercised in the usual forms
Of organic change, or by revolution.
The innate or natural rights are comprehen-
svely referred to in our Bill of Rights, which
is believed 10 embrace to the full extent this
idea of higher law, or the existence of rights
paramount to the Constitution itself 'tThrough
Divine Goodness (says the preamble to the con-
stitution) all men have by nature the rights of
worshipp;ng and serving the Creator according
to the dictates of their conscicnces; of enjoy
ing and defending life and liberty, of acquiring
and protecting reputation and property, and in
general Of attaining objects suitable to their
condition, without injury one to another; and
, as these rights are essential TO their welfare
for the due exercise thereof, power is inherent
in them"
But the great law of social selfprescrvation
! is equally a paramount law essential to the en-
loyment of the natural rights thus declared
to belong to all men, Freedom circumstances
cannot be secured life and liberty cannot be
enjoyed and defended; nor property and repu-
) tatOn acquired aud protected, unless society
, has the power to compel its members to respect
these rights, by imposing sanctions, which. IL
I the due course Of law, shall even take away
from those who would prevent others from the
enjoyment of them, the rights thus declared
/ to be natural rights, and which in fact consti
5 tute the existence of the social system.
n For this purpose, Government is instituted
among men having its sanction both III the con
4 sent Of the governed, and in the necessity 0
putting even innate rights under such cnntro
b as is essential to their preservation. Henc
q the power to take life, or restrain liberty Il
regulate the use or forfeit the enjoyment o
r property, in the due course of law; a pOwe
4 existing in the very structure and carried on
o in the practice OF every community, particular
! ly in those which give the best protection t
r these rights which are assumed to belong
4 all men.
4 If the higher right to life, liberty, and tn
enjoyment of property be thus subject to tn
:. sovereign power of the State, the power I
n regulate the Use of property to secure the Ell
r. loyment Of these rights, and promote the oil
ects for which government is formed, canno
10 be doubted. The Legislature may by genera
i laws regulate and restrict the use of propert
"A which it deems dangerous TO the exisenc,
= peace or welfare of society, and may prever
j. the acquisition of such kinds Of property as
i. considers so dangerous to require such prohib
tion. The Legislature of this State has don
NJ 30 from the beginning, by prescribing themod'
ID Of acquiring and using, the transfer and dlsp
h. ation of property of all kinds; and the reslr
=. tion or prohibition not merely Of certain kline
or Of property, but of trades professions and Cal
~ ings thus regulating not only property itsel
Cd but the personal industry and enterprise throug
which property is acquired. | refer to q
40 Statutes among the first enacted, for the co..
or yeyance of property; the statute of wills; u
IL intestate laws; all license laws: laws regul
=. ting physicians, surgeons, attorneys, miller
ferries and fsheres: laws regulating the weg
,ts and price of breadstufis, and laws regulatT
4. innkeepers and vendors of liquor general
I which comes more directly to the matter und
=. investigation.
isl As early as $780, the act of ID, Geo. 2, pr
al hibted the sale Of sprituous liquor by measu
less than quart OF wine less than half gallo
70 other liquor by measure less than gallon, al
ne punch or mixed liquors by any quantity whit
th- ever and authorized certain officers to regula
lto the price Of liquor lawfully sold under these
lde slrictions. This legislation was followed
the act Of June "a, 1886, for the suppressi
ply Of idlcness, vice and imnorality," which W
ted other acts of the same kind, was IN terms say
ing BY the constitutions Of 1902 and 1882. Fro
lis that day to this the sale Of liquor in the Sta
ii- has been under the restraint oflaws more
the lt.ss stringent according To the will of the Il
Iall islature; aud the question now is.whether
the last act sfor the suppression of ntempcranc'
are ---that Of lS55--shilers in principle from
son others or whether the whole system Of
al srictve legislation has been uncopstitutio
from tho beginning.
act With the policy or wisdom of tho act I'm
rom consideration we have no concern. We
4 or mpt make, and cannot repeal this or any OF
by LAW. Our official duty i merely 10 dec
not whether the act in question is law, pas
by competent authority, within the scope