Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1858-01-15

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l, Is to DO hoped, n common principle or
basis upon which Il tcllisvn, aud well dis.
posed men may unite lot the promotion OF
the common object.
With tho ghts Of experience and = sense
OF the magnitude Of the evil, aud with a
general feeling among thp people that this
whole subject Is prc-emInfn,ly moral ques-
ton, the times, Il Is belieycd, are favorable
TO calm delibcration and united effort, with
the common purpose Of cuae,ing the most
efficient and eNpcdient law possible--the
most efficient because the most expedient.
That the evil falls within tho power OF
the Legislature, and that the exercise OF Its
power Is cxpcdient, is sustained 10y the Lex.
islation Of this country from its earliest set
Element. The right OF this exercise OF legis.
la:iye power over the subject, conceded. 1t
only remains, as n practical question, 20 de-
tcrmina the extent Of the power aud how FAR
IL is expcdicnt 20 exercise IL. All will agree
that IL Is eXpcdient 10 exercise 80 much con-
ccdej, or asccrtaincd power, as may bd rc'
quired b accomplish the Object.
Happily the extent Of the conservative
mower of the State. on thisand kindred sub
vets. las been clearly defined and settled by
the Judiciary in this country, both federal
and state.
The present Chief Justice Of the Supreme
Court Of the United States, in pronouneing
the opinion Of the court in n case involving
this right Of the STATE, SAWS, every State
may regulate It's internal traffic according to
it, Judgment and upon its own views OF the
interests and we'll being of it, citizens. II
any State deems the retail and trallc in ar.
dcnt spirits injurious a. IT, cItizrns, and cali
culaicd 20 produce idl,ncss, vice and de-
hatchery, $50 nothing Ia the Constitution
OF the United States % prevent u IRON reg
ulating and restraining the tratbc. and pro-
hihiiing il altogether. Il d, thinks proper.
The Acknowledged police power Of the State
extends often % the destruction Of property.
Everything prcjudicial I, the health and
morals OF the community, may he removed.
II the foreign article be injurious to the
health AMI morals Vt the country, State
may, in the exercise OF that great and con-
sentative police power, which lies at tie
foundation OF it, prosperity, prohibit the
sale Of it,"
The decisions Of our own State Court are
equally comprehensive aud explicit. Tho
late Chief Justice employs this language /.
81" The State by is legislative cnactmtnIs,
acting pro-pccti,cly, may determine that
articles. injurious 70 public health or morals,
shall not constitute property within IL Jd-
risliction. IL may como q the conclusion
that splri,uous liquors, when used a. bow.
crasc. are productive Of a great variety OF
Ills and evils % the people, both In their IN.
diyldual aud IN their associate relations :
that the least U.s. Of them Tor such pur-
pose Is injurious, aud sui,o,l % produce. by
greater us', serious injury O. the cJmior'.
moral. and health that the common Use 81
them for such purpose, op'rat's % di'
minish the rrOduc,iScnc,s OF labor, 90 IN
jurc the health, 60 lmP1sc upon the people
additional ani unnecessary burdens, to
produce vase 90 time and ot property, 20
Introduce disorder and Disturbance % law,
20 disturb the peac', and o. multiply grimes
ofcycry grade. Saeh o0ao'usioE W0uldbr JH'-
md bv M sIpc1Hos aad History 81 man.
Il legislature should declare that no per-
son should acquire any property in them,
Cor such purp..c, thcrv would b. no occa-
sion lJr complain, that It had violated any
provision Of the constitution.
The same doctrine prevails in Massschu'
sctts De TIC legislature may declare the
possession OF certain articles Of property.
oihsr absolutely, or IN particular places aud
under particular circumstances, 10 be- uu-
lawful, b,oaus, they would BE- injurious,
dangerous or obnoxious aud may provide
for the seizure and copfscatiin, aud d,s'
truclion thereof. by due prose-, Of law
The State, then, il will be perceived, has
plcnary power over the traffic IN intoNicat-
Ing drinks, and " may regulate, restrain, or
prohibit IL altogether. ''-'' may declare that
The least use Of intoxicating drinks, ~ a
beverage. Is injurious" that such conclu'
sions would b. justified hy the experience
and history oiman," that emo person should
acquire any property In them, for 4 betcr'
aye, and that cit ioay provide Tor their
cOufscalion and destruction.
Thus, with great perspecuity, has the iu.
dicial mind OF the county, federal and
state. determined the province and the pre-
negative OF the legislature, In relation "a
tins important subject aud our own state
Court has, in the language above quoted,
with equal clrarncss, Indicated a formula
within the scop, OF which il may hc expo.
dent q exercise the power Ito prohibit tie
tr.ihc iu ardent spirits as beverage, and
- "a provide for the cunGscAtlon and de-
s,ruciion thereof by due process Of law
The c1pcdirncy of ihi, cHrrcise Of power,
j.. in my Judgment, equally clear upon prln'
ciplc. II II be assumed that the traffic in
intoxicating drinks Tor a beverage. be lnju-
rous, then It necessarily follows that such
traffic cannot, with rroprieiy, b. permitted
cannot be- licensed or tolerated, bat the
cnlcting power must forbid It altogether
Aud this rule Is as imperative ia legislation
a. ia Observation-Disclosures u the Only intel
ligcnt action in thecase Ola conceded wrong.
The ANIMAL. of legislation ia this country
upon this subject may also Dc appealed TO,
ia proof OF the correctness u this position,
a. a practical question, Tho license system
hh- proved wholly inadequate everywhere.
Under 10. the sale aud consumption Of intox-
icatn: liquors have greatly increased. Our
tyye ui intempeaucc, both as 30 quantity
and quality Of liquors used. i seyercr than
i, known elsewhere. Experience proves how
futile are all attempts % subject TO authori'
~, and wisely control a practice which
claims TO act by permission. The utmost
vigilance over licensed houses, has always
been in yain-all efforts % prevent abuse Of
authority, to no purpose.
Under the prcsen, law, the traffic in in
toKieating drinks for q beverage, is becoming
quite general m all the cities aud towns. Ii
is frought with ills Vulnerable to the State
with beggary and crime. IL may we'll bc
considered whether, for such use, i, should
not be declared coniraband.
While experience and history clearly in
lirnin tho lniN nI tho sLuLa IN nrnhihII tLn