ntiation of the two cases
had to be sought in historical grounds. Yet the State must not put
unreasonable burdens upon interstate commerce even in oleomargarine.
Thus a Pennsylvania statute forbidding the sale of this product even in
the unadulterated condition was pronounced invalid so far as it operated
to prevent the introduction of such oleomargarine from another State and
its sale in the original package;[937] as was also a New Hampshire
statute which required that all oleomargarine marketed in the State be
colored pink.[938] A little later in the case above mentioned involving
cigarettes, the Court discovered some of the difficulties of the
original package doctrine when applied to interstate commerce, in which
the package is not so apt to be standardized as it is in foreign
commerce.[939]

DEMISE OF THE ORIGINAL PACKAGE DOCTRINE

What importance has the original package doctrine today as a restraint
on State legislation affecting interstate commerce? The answer is, very
little, if any. State laws prohibiting the importation of intoxicating
liquor, have since the passage of the Twenty-first Amendment
consistently been upheld, even when imposing a burden on interstate
commerce or discriminating against liquor imported from another
State.[940] Indeed the Court has, without appealing to the Twenty-first
Amendment, even gone so far as to uphold a statute requiring a permit
for transportation of liquor through the enacting State.[941] In
Whitfield _v._ Ohio,[942] moreover, the Court upheld a State law
prohibiting the sale in open market of convict-made goods including
sales of goods imported from other States and still in the original
package. While the decision is based on the Hawes-Cooper Act of
1929,[943] which follows the pattern of the Webb-Kenyon Act, Justice
Sutherland speaking for the Court, takes pains to disparage the
"unbroken-package doctrine, as applied to interstate commerce, * * *, as
more artificial than sound."[944] Indeed, earlier cases make it clear
that the enforcement of State quarantine and inspection acts, otherwise
constitutional, is not to be impeded by the doctrine in any way.[945]

CURBS ON THE INTERSTATE MOVEMENT OF PERSONS

Prior to the Civil War the slaveholding States, ever fearful of a slave
uprising, adopted legislation meant to exclude from their borders free
Negroes whether hailing from abroad or from sister States, and in 1823 a
South Carolina Negro Seamen's Act embodying thi