Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1857-10-31

~ oSpEtilp udpplIcbS OF the STATE.
Neritas" ntiinntcst that we consider Chief
Justice TANEl's opinion I" far superior to the
Constitution andits clumsy 'framcrs.p, Butwo
donotthmk any such asthing. We simply
mean by adducing his opinion as concurrcd
IN by tho associate Judges that in so doinn
wehaYc thc opinion of the highest tribunal
KNOWN to our Constitution and laws and that
they understand the spirit and import of the
CONSTITUTION Infinitely better than we. and al
most, ifnot quite as we'll as he; for we un-
derstandthistob bethe business of these Judges
70 decide upon just such cases of legislation as
| tins tor4t Is evident if no laws could be en-
acted by mplicationAthat ia if there had TO
sbc specific clause in the Constitution for
overyVaw passed that then these Judges would
he useless; for every one would know with
out the assistance of judicial instruction,
| whether! tho law enacted was constitutional
or not; and instead Of the Constitutions be-
ing a book from which to enact laws ii would
\ be law book itself; instead of its being the
Rbasis and the laws the esnperstructure it would
be both basis and sGpershucttre. Your
argument is, that the absence of n specific
( kclause,in the Constitution which in, so many
words prohibits the liquor traffic, is equiva.
lylant 70 one which guarantees it; and conse-
kquently all things which are not specifically
prohibned by the Constitution are virtually
guaranteed. Was there ever a creator absur-
|. .dity broachod undcr heaven. Wasignorance
| ofouf "Constitution and constitutional laws"
ever more conspicuously manifested by one
| calling himself intelligent. But this is not
all, Tor, he goes on to say that what Chief
Justice TANEY means when he says any State
has the right to regulate, restrain, or prohibit
the liquor traffic altogether, is that the State
has thesright to call a convention andinstruct
| it's law makers to amend tho Constitution in.
order that the State may pass a cocroiye law,
without violating tho Constitution, and that
Chief Justice TANEy never intended to be ur-
derstood that the State could do it otherwise
What, = Y critas," you such q profound poll
tician that you rcgardit as the very height
presumption for such All ian0rd,auS as we
to contradict you, md yet tell an intelligent
! pnblic thut one State Of the, American Con-
| federacy has the power to alter its Constitu-
ton, (" Which will you do now mountyou.
slide, squeeze into your half inch augcr hole,
orsiip into Your brush hcapand beg for fire"
! But TO cap the climax you tell us to not pre-
! tendi"we knew this because we nevcrsaid so.
| No"N eritas" and we do not intend to. say
SO; for we know from the Constitution itself
that IT IS not so. And we have positive proof
| from Chief Justice TANEY's own words, yea
| from tho very. same paragraph, and in iinmc-
diatc connection with that part Of his opin-
ion already givon in our last that he means
no suchia.thing. "s nyr'~ 9 .'-s k~a
9 Now " V eritas,p what VIC give in our last
from Chief, Justice fancy, is only q part of
the opinion he expressed when deciding upon
the Copstitutionality of n law which the State
of New Hampshire had passed and which
prohibited the sale of Intoxicating liquors al
J together randthe whole paragraph runs thus.
Every State may regulate its own internal
traffic according to its own Judgment, and UP
| onitssown yiews of the interest and well-bc-
ing it's citizens. If any State deems the
retail and dinternal traffic in ardent spirits In
| Jurlons TO its citizens, and calculated to pro-
| dnce idlcness, vice or debauchery. j sec moth
| ing in the Constitution Of the United States to
| prcycnti it from regulating, and restraining
tue traffic or from prohibiting italtogether If
/ it thinks proper. The law of New lamp
SHIRE is a valid law; for although the gin sold
was an import from another Statos and Con-
1 g'ers has already the power to regulate such
Evaporation, yet as Congrcss, has made no
rcglllation upon tlicaubject, the traffic in the
article may be lawfully rogal"ted by the State
Ms it is landed in its. territory. and
I tax imposed upon it or a license required or
/ the saloprohibitol altogether according to the
| policy. which tho State may suppose to belts
| interest orits duty to pursue"
f And by reading the 'historyof the case We
find that all the associate Judges agreed with
tho Chief Justicein his decision.
| Now Sir whatwill YOU say .to,this2 Will
| yon abuse Chief Justice T4sEY and, call hun
| "a latitudnf,t ,tltw I5e-,sea fanntic," &c, inti-
mating that he ciSsI4. YNdHstth abolitionisni,
surely not; forthis would Dc rather inconsis-
tent, for yolt have already said thSse-he issa
/ man ofgreat roscafch and great legal at
toinnents, and consequently no fanatic.k'-e
| No, We presumo you Will abuse us for this
4. long quotation, y and for believing "Dick,
Tom. aud lIorry," forgetting that You were
the first that brought Dick, Tom and Harry
to tho stand as witnesses to prove that mil
lionsidie short of three score and ten, from
over eating. "Dick, Pom and Harry" were
of unquestionaljio veracity while testifying
\ thus bnt %hcn,iy call them to the stand
and they testify that alcohol used as "a beyer-
age in any, quantity is luxurious to health,
| yea, nm ectual, poison, you at, once, question
their, ,ycracitY and call them fanatics. Coitsis-
! tent, Very, isn't it2 S'.a
"a" ,yefitas' says his limited space will.not
permit him to notice all our signcraneo but
ille'sYie aotice some iofoiir learned Doctors in
shoFs aRd asks who is todecido when Doctors
lsd;y9grce. So s,..s -.s .gE& ~ .5., <,}
! !, Why. airs they do not disagree respecting
tho Poisonous nature Of alcohol aud tho only
rcason tnat you tell the reader they do, is be-
dause you do not other understand them, or
| do not wish to- ;.foryou have shown most con-
yelnsively that you do not understand them
kwhen they speak Of digestion or that yotr
,wlsh, to, ,pcryert their4 ntcaning. DIR. MUssr
says = aleoh9l Is neyer digested and conyerr
| ted into nourishmcntD Hence we perceive
that what hs and tho otltof Doctors mean BY
bhever decouebossd that Il isalcoitols q sal,tle
end ifritatiDg poison when taken iatolthc
s9temaeh, aleellel whom taken up by. the ALB
l. n