Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1858-01-15
- ~ g55tt1 .s.t, IS .Ss..e. - ~ a.. a.s. ~
1.hc submit 70 tiern fr arurov4,. fn eIieh man



t,s@ssssN.ssssscfs hes prevalence Of 4 traffic
which aiilcts the Stat. with crime, paup,r-
ism and disorder, and according to his oAs.r-
vation 10 injurious to the public morals,
health and general prosperity, and for these
rsasyns h. seeks to suppress 1t.
Upon ttis, as upon other subjects, there
may be inteHiperate legislation which will
fc;sst against the salutary Obi cts sought to
be promoted; burt upon this as ut7n all other
important subjects, there may AID, 1t is
~ be hope,l. a common prin, ipl. or basis
upon which intelligent and we'll disp sd
,nen may unite for the promotion Of thee l.u-
mon Oh jcct.
With tie lights Of experience and sense
Of the magnitude Of the evil, and witt a 1au-
eral feeling among the people that thie whole
subject is pre-emincntly II moral question,
she times it il believed. are favorable 70 cain
elaboration and united effort, with the com
mon pnrpose Of enaeting the most efirient
and expcdient law possibe-the most efficient
bscaus, the most cxpedient
That the evil falls within the pow Of the
Legislature, and that the exercise Of It's pow
or is expcdient, is sustained by thelegislation
Of this country from its earliest settlement.
The right of this exercise OF the legislative
power over the subject, conceded, it only re-
mains, rs a practical question, to determine
the extent of the power and how far it is ex-
pedient to exercise it. All will agree that it
isexpodicnt to exercise SO much conceded, or
ascertsincd power as my be required to &C
c)mplish the object.
Happily, the extent of the conservative
power of the State, on this and kindred sub
jects, has been clearly defined and settled by
the Judiciary in this country, both federal
and State
The present Justice of the Supreme Court
Of the United States, in pronouncing the
opinion Of the Court in q case involving this
right o. the State SAYS .teyerv State may
regulate its internal traffic acc riding to its
judgment and upon its own views oi the in
tcrests and well being of its citizens. II any
State deems the retail and traffic in ardent
spirits Injurious to its citizens, and calculat-
cd TO produce idleness, vice and aabauciery.l
.cnothing in the Constitution Of the Unite,i
States to prevent it from regulating and re
straining the traffic, and prohibiting II alto-
gether. lift think proper. The aeSnowi,si-t-
el police power of the State often extends t.
the destruction Of properly. Everything pr
judicial to the health and morals OF the e3tn-
munity, may be rem oved. IF the forsi-r
article b. injurious to the health and m5rIl,
of the country, a State may. IN tae OK trclS
of that great and conservative police pJY r,
which lies at the foundation Of It's proSp0rlt
prohibit the sale Of it.
The decisions OF our own State Court ar'
equally comprehensive and explicit. Tn
late Chief Justice employs this anguasa:-
1.-The State, by its legislative onacements
acting prospectively, may determine that
articles. injurious to public health or morals
shall not constitute property within ITS iurlS-
dictIon, 1t may come to the conclusion tala'
spirituous liquors, when used rs bsVerara
are productive OF great variety OF his aud
evils to the people, both in their indy ldnal
and in their associate relations; that the Ieas;
Use of them tor s1eh purpose is inJnrl7dS,
and suited to produce. by a greater use, seri-
Gus injury to the comfort. morals and hetsit D;
that the common Use of them for such a par-
pose, operates 10 diminish the prJlnctiY1n -
of labor, to injure the health. u impose al'-
on the people additional and uanee IS ny bur
dcns, TO produce waste of time and OF prop
erty, to introduce disorder and dis)balienc
to law, to distarb the peace and to multiply
crimes of every grade Sui eJaelra3
trouidbe 1ust,fed by the experience and atstorg
Of man. II Il Legislature slouii daeilrs that
n person should acquire any property il
them, for such a puralse t}ers would b. n
occasion for complaint that il had violated
anv proyision of the c,nsfitnti,n
The s,ma doctrine nrevt;is IN N,s.,ab,,.
setts:-.' The Legislature NAV declare tn.
possession of certain articles Of nror,erty
either a5,oittelg. or in partieular PLACES an
under n,rtie,lar Circumstances + E, h, unla,y.
tul. beeause thew would be iniurons. d4ngsr.
Gus or obuoxioHs; and may provide far d
seizure and confscation. or j ,struction tbere.
of nv due process of law
The Stata then. il will h, n.rca;va5 In.
nlenarv mower over the tr,ffc in intoxjetti,,.
dr;nksL..nav regulate. restro in. or nrnbibi-
Il oltoc.,ber .-r,nav declare tbot ..tha loo
use O, intoxicating drinks, as beverage. i
injurious" that ..such conclusions w5ul,
be justified by the experience and history o
man" that sino person should acquire an,
property in them for beverage and thai
it 'smay provide for decentralization and DE-
struction.''
Thus, with great perspicuitv, has the ia
dicial mind of the country. federal and STATE
determined the province and the pr.rogAtive
of the Legislature, in relation to this import
ant subject; and our own State Court. has
in the language above quoted. with eoua
n,oarnass indicated &, firmnl, Will, ~,