The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1838-10-17

government ia The one case as IN the other.
Upon this hypothesis, this overshadowing
and engrossing power would come in con-
tact with state legislation every where, tri.
umphing as the supreme law Of the land,
leave little TO the legislation ofthe State ex-
eept crime and pauperism, and small re-
sources indeed to sustain i, in its action even
over these. No court has yet given this
Interpretation to the constitution, and GER
tainly, as the supreme judicial power Of the
State, it is not felt to be the particular duty
Of this tribunal to be the first to adopt such
suicidal construction.
An import then ceases, In the consiitu-
tional sense, to be an import, The moment
the importer becomes the vender and sells
the article disengaged from the commercial
regulations Of the United States. In the
hands of the retailer or distributor it is all
article of the internal trade md commerce
of the State; a trade or commerce which
none but State legislation can protect or
regulate, and which necessarily falls pecu-
iarly under the police of every community.
ANY tax or restraint, therefore imposed for
police purposes, upon the seller of wines
and strong liquors within the State, can by
no construction be deeRed duty upon i'm
ports, or a regulation Of the commerce Of
the United States unless a tax upon
warehouse be duty upon imports, and a
license to a drayiEsp, a regulation of the
commerce of the Union.
We cannot, therefore, consider these acts
as a contravention of either of the articles
of the constitution upon which the defend
ants counsel rely.
But as to the French treaty. without
stopping to enquire whether it be or be not
constitutional, we may safely conclude that
although the government of the United
States binds itself to ADM, the wines of
France at stipulated duty to be imported
for consumption, yet it cannot be admitted
that either of the contracting parties sup
posed that the United States were bound to
provide for the Consumption of all the wines
that should be so imported, or that the sew
eral States were bound so to modify their
police regulations as to admit it To con-
sumption without restraint or regulation.
Such could not have been the intention or
expectation of either party.
We are therefore Of opinion that the a.
foresaid acts are not inconsistent with the
constitution of the United States, or any of
the provisions thereof, or with any treaty
made by authority of the same; but that,
(wilhout meaning to intimate my opinion
as to their expediency or inexpediency) the
said acts are constitutional and the binding
law of the land.
Judgment must therefore he FOR the State.
--------
IMPORTANT DlscovERy.-THE TEETH.-
Waidie notices a discovery of no little i'm
portance to such as are troubled with bad
teeth. He says:
Some time since, DIR. Caldwell, now n
practising dentist at No. 6S South Sixth
street, had a favorite horse which had be-
come incapable of eating his oats, and on
investigation a curious tooth indicated the
difficulty to result probably from toothachc.
Extraction was the remedy Of course the
poor horse was triPped up by tying his feet
together ns custom prescrlbes, and was
lanced, and as we poor humanities have too
often witnessed, "A pair of pIncers were ap-
Piled, as we have also experienced ; even
u mallel and cl,isel failed Of their effect.
The tooth was intrac,able; no effort would
withdraw it from its socket. The gum tu-
mefied-and on examining it carefully, the
the tooth, and without much thinking ofthe
effect he cut it the tooth Immediately fell
out, or was ex,ricated with slight effort of
the thumb and iuger.
! "Ths led the operator to reflection, aud
the hint was obtained which confers on
suffering humanity a benefit, which may be
esteemed by the sufferer second only to
the discoveries Of Jenner, or the circulation
of the blood Subsequent experiments
have fully proved that the human teeth are
also retained so powerfully in their sockets
by a liaament, and ii is the breaking Of
this which requires SO much manual
force; and this, when cut, which gives not
so much pain as lancing the gums, loosens
the tooth, and it may Immediately be ex
trac,ed without pain with the fingers
physician O: our acquaintance, whose name
we are at liberty to mention If requested,
has had the operation Of extracting a large
molar, ebe-fanged tooth in this way with
out pain, and so gratifed. was he by the fact,
that he investigated the anatomy of the
parts and extracted all the teeth of q dead
subject in the same way, and with no more
difficulty than above related. He is wit
ness not to be impeached, who, with many
others, have already been benefited by this
grea, anatomical discovery"
Te1ds.-Dates uia New Orleans are from
Houston to the Odd and Galveston to the
18th September. From these it appears
that Lamar has been chosen President with
but sixty or seventy votes against him IN
the whole republic. Burnet is probably e.
ietted Vice President by a handsome ma
jority.
The Texans are threatened with nm Ind
ian war more terrific than any struggle in
which they have heretofore been engaged
The Houston Banner Of the 2Ist Septe,nber
states, that most decided feeling Of hostili-
lty towards the government and the people