limits, and may go to the length of prohibiting altogether." -5 Howard, 6, 11.

Judge GRIER gave his opinion in the following language:

"It is not necessary to array the appalling statistics of misery, pauperism, and crime which have their origin in the use or abuse of ardent spirits. The police power, which is exclusively in the States, is alone competent to the correction of these great evils; and all measures of restraint or prohibition necessary to effect the purpose, are within the scope of that authority. If a loss of revenue should accrue to the United States from a diminished consumption of ardent spirits, she will be the gainer a thousand fold in the health, wealth, and happiness of the people."

It was argued that, as the importer had paid his duty, he had a right to sell which the State could not take from him. But Judge DANIEL decided that it was not so:

"No such right as the one supposed is purchased by the importer, and no injury in any accurate sense is inflicted on him by denying to him the power demanded. He has not purchased, and can not purchase from the government, that which it could not insure to him, a sale independently of the laws and policy of the State."-Howard, 616.

Of imports that have paid their duty, and are cleared of all control of the Government, he said:

"They are like all other property of the citizen, and should be equally the subjects of domestic regulation and taxation, whether owned by an importer or his vendor, or may have been purchased by cargo, package, bale, piece, or yard, or by hogshead, cask, or bottles."-5 Howard, 614.

In reference to the destruction of private property, Judge McLEAN said:

"The acknowledged police power of a State extends often to the destruction of property. A nuisance may be abated. It is the settled construction of every regulation of commerce, that no person can introduce into a community malignant diseases, or any thing which contaminates

its morals or endangers its safety. Individuals in the enjoyment of their own rights must be careful not to injure the rights of others."

And Judge WOODBURY remarked:

"The laws seize the infected cargo and cast it overboard, not from any power which the State assumes to regulate commerce, or interfere with the regulations of Congress, but because police laws for the prevention of crime and protection of the public welfare, must of necessity have full and free operation, according to the exigency that requires their interference."

Acts of Congress have been adopted upon these principles; especially the act of 1834, protecting the Indian tribes from the rum traffic. In that act, approved and signed by Gen. ANDREW JACKSON, it was provided that if any person should sell, exchange, or give away any spirituous liquors in the Indian country, he should pay the sum of $100, and that it should be lawful for any Indian or white person to take and destroy any such liquor or wine found in the Indian country, not used as supplies for the army; and all distilleries might and should be destroyed. Laws of the U. S. for 1834, vol. 9, p. 133, sec. 20.

Chancellor KENT says:

"The Government may, by general regulations, interdict such uses of property as would create nuisances, and become dangerous to the lives, or health, or peace, or comfort of the citizens. Unwholesome trades, slaughter-houses, operation's offensive to the senses, the deposit of powder, the building with combustible materials, and the burial of the dead, may all be interdicted by law, in the midst of dense masses of population, on the general and rational principle, that every person ought so to use his property as not to injure his neighbors, and that private interests may be made subservient to the general interests of the commu nity."-Commentaries, vol. 2, pp. 338, 340.

Although the above liquor law of Maine seems to

have been so very successful-although it seems to have done all, and even more than its warmest friends and most active supporters anticipated it would do—yet it is succeeded by a new law which went into operation on the first of the present month, (May, 1855.) This latter law is not, however, any the less a prohibitory law; but, on the contrary, it is a considerably more stringent one; or, perhaps we might as well say, it is the old law mended up according to the suggestions of experience.*

CONNECTICUT.

In this State two attempts were made to pass a prohibitory law without success. The first time, the law passed the Legislature, but was vetoed by the Governor. It was, however, in the May session of 1854 that a complete victory was obtained by the friends of prohibition. The vote stood in the House 148 to 61, and in the Senate 13 to 1. The law was approved June 30, 1854, and took effect on the first of the following August.

The following is the substance of the law:

The first three sections prohibit the manufacture and sale of spirituous or intoxicating liquors, including ale, porter, lager beer, cider, and all wines, except as provided. in this statute; allowing the making of cider from apples, wine from grapes, currants, or other fruits, and the selling of such cider and wines by the maker, in quantities not less than five gallons, to be taken away at one time. It allows also for the sale by the importer, of liquors imported according to the laws of the United States.

The 4th section provides, that the County Commissioners may grant authority for one year, to certain persons to manufacture and sell spirituous and intoxicating liquors in any quantity, in those places.only which the Commissioners shall specify in their certificate; such persons giving bonds in sums of not less than one thousand dollars, that they will infringe no provisions of this act.

The 5th and 6th sections provide that the selectmen of *See Appendix.

any town may appoint from one to three agents, to purchase and sell spirituous and intoxicating liquors within the town, for sacramental, medicinal, chemical, and mechanical uses only; such agents giving bonds to the town, in a sum not less than six hundred dollars each, with two good and sufficient securities, to conform to the provisions of this act.

SEC. 7. Every person who shall manufacture such liquor in violation of this act, shall pay one hundred dollars and costs, on his first conviction, and in default of such payment shall be imprisoned sixty days in the common jail, and for the second conviction two hundred dollars and costs, with imprisonment four months, and for every subsequent conviction two hundred dollars, with imprisonment four

months.

SEC. 11. The liquor intended to be sold, in violation of this act, shall, with the vessels containing it, be deemed a nuisance, and be forfeited to the town. If judged unfit for lawful use, may be destroyed.

SEC. 12 provides for search and seizure.

SEC. 17 provides for taking up drunkards; compelling them to testify who sold them the liquor, and making them sufficient witness.

SEC. 21 relates to speedy prosecution. It makes any persons engaged in the unlawful manufacture and sale within a year, incapable of sitting upon the jury

EFFECTS OF THE MAINE LAW IN CONNECTICUT.

Gov. DUTTON says: "I hazard nothing in asserting that no candid enemy of the law will deny that it has proved more efficient than its most sanguine friends anticipated. It has completely swept the pernicious traffic, as a business, from the State. An open groggery can not be found. Í have not seen a person here in a state of intoxication since the first of August. In our cities and manufacturing villages, streets that were formerly constantly disturbed by drunken brawls, are now as quiet as any other.

"The change is so palpable, that many who have been strongly opposed to such a law have been forced to acknowledge the efficacy of this.

"The statistics of our courts and prisons prove that criminal prosecutions are rapidly diminishing in number. Some jails are almost tenantless.

"The law has been thoroughly executed, with much less difficulty and opposition than was anticipated. In no instance has a seizure produced any general excitement. Resistance to the law would be unpopular; and it has been found in vain to set it at defiance. The longer the beneficial results of the law are seen and felt, the more firmly it becomes established. The ridiculous idea, so industriously circulated, that the sanctity of domestic life would be invaded, has been shown to be a mere bugbear. The home of the peaceful citizen was never before so secure. The officers of the law have no occasion to break into his dwelling, and he is now free from the intrusion of the lawless victims of intemperance."

Rev. Mr. BUSH of Norwich: "Since the first of August, he had not seen a man drunk in Norwich, when the sight had been of daily occurrence. He could give a long list of names of men, formerly idle and drinking, who are now sober and industrious. So it is in Windham county, and in Hartford their jail and alms-house are almost empty. These are samples of the effects of the law. Let the law march straight forward, hewing down the Anakims as well as the pigmies in the traffic, alike and impartially, and we shall certainly triumph."

Hon. T. S. WILLIAMS, of Hartford: "In this town, where there were at least one hundred and forty places where liquor was openly sold, only one is licensed, and he is an agent of the town, very much restricted. If it is to be had in other places it is in darkness and secrecy, as other crimes are committed; and in most of our towns a similar state of things exists, and the law is generally enforced. Under such circumstances it would seem as if no rational man could doubt that the use of liquor must be greatly diminished, and intoxication, therefore, much less frequent."

Rev. Dr. HAWES, of Hartford, writes as follows: "In regard to the working of our prohibitory law, I have no doubt from all I hear from different parts of the State, that it is producing all the good, and more than all the good, that was ever anticipated by its friends. In the country towns generally throughout the State the law is enforced. Of course, the quantity of liquor sold and used is very greatly diminished; and intemperance, with its bad consequences, prevented in the same proportion. Doubtless, in many of the towns, liquor is stealthily introduced and disposed of by