New-York daily tribune., 1845-02-03
THE TRIBUNE
Webster on the LII eace Law os
Hfassnehasetts.
Correspondence Of tho Nrw.Yofk Tribune: -


v,b. r,,or, of the suprerne Court OF Inc UnIled
States vyss crowded to-day bear the argument OF
DANIEL WgEsTxr on the License Law OF hassa-
cbuset,g. II presented quite array OF beauty end
intellect compared with the usual auditory there
assembled. lie occupied about two hours. He
commenced by saving, taat the general intent o
these laws il good, bur there are those who believe
aud am one Of ,hem, that fintelnperance is 10 be
pu, down, it must be by more powerful mesns thar
Tn. law in question. Ii must DC by the OF mora
religioss ard persuasive means rather than By coer
cion. The cause OF Temperance cannot be toe
much appiauded. Ii is noble ard molly cause
But there are States which have not disturbed the
Iicence Laws, where Temperance ms made much
more progress than where penal laws have beer
enacted.
If we look abroad, where has the Temperance
Reformation been most successful Look TO Ire
land Did FATHER MATHEW go forrs, clothed
with cocrciya powers, from British Statutes, and
dep1Asise OK Liconce Lewaf No He apPszled
10 the coascences the und9rstandings, inc Inoraii'
" ine religion OF the people; anil where has this
reformation been more successful, where has II
struck deeper than in irelandf IL is ihis course,
md rhls onlv that can abste the evils Of intemper-
Hnce Religion and Morals, the Pulpit, the Lecture
Room, the Frees, the example ot good men, well
directed public opinion-tiese are me means winch
must work cut tits good and exlermnate this evil
My learned friend ttIr Huntington OF Saleml has
referred 10 statistics shall also refer 10 statistics.
BY Ia. law Of Massachusetts, it has been left op-
tona with the Counties 10 grant licenses or 10 with
hold them. In the Counties ha; have adnered 10
the old plan, there has been less inemperence Than
in thoso thar adopted more coercive measures.
Congress permits the importation OF liquors; il
may encourage or discourage sucb importations.
Massachusetts mas asked Congress to prohibit
the importation oi spirits inio the ports OF the United
States That would have been yke proper plan OF
proceeding but she did ask for any such sump-
Iuary laws. Massachusetts, also, with all her laws,
toleraes the manufacture OF spirits; she does not
even discourage the manufacture by taxation on
distlleries.
The decision Of this case in favor Of the plaintiff
in erro: wtud nut be derogaory 10 the character OF
Massachusetts us my learned friend hinied al.
always dislike to hear these aiuslons 10 the de-
srrucIion of the character oi States, this that or
tother measure cannot be carried. THIS power 10
regulate commerce. is ciearly preroguuve oi Con
gress and il ia not deraget0ry 10 State 10 submit
10 the control Of Congress. Massachusetts may
sometimes have felt aggrayed AT sorue decisions o
this Court, buI the whole she has no cause TO
complain. She must forget her character and his
tory bafon she complains OF The National powers IN
regulating these affairs. L, is The benefcent course
of Congress that has accelerated her in her onward
way Otlsr Staten have heeI controlled nv The
ercise OF this power, and she has felt the benefits.
The ruling in the Steamboat Monopoly case of New
York is one OF these. She might better effect some
objects, had she retained the power 10 control com
merce; but she yicdad II to Congress. /; would be
UNJUST and ungenernur To take back part OF that
which she yielded for the common good.
Dir, Webster then went into history OF the laws
of Massachusetts on tins question, pointing out the
requirements OF the OF 1886, 1885, 81, SO, and
40 The uc Of 1885. sections Sd and l7th, pro-
vides that licenses aay be granted certain con-
diuons. dispute about the meaning cl the
Statute, whether il was merely OPTIONAL. The act
OF 1887 pHssed 70 settle ihs dispute The eeeond
section providing that tho County Commissioners
were empowered nor compelled 10 grant LICENCES
The law OF 1858 made Illegal sell less than IS
gallons This amounted To prohibition, and in
ISi0 il was repealed, leaving the law II WAS by
the Status OF lS37-iorbdding the retail OF spirits
in less than % gallons without license at the option
of the County Commissioners.
The law against which we contend is intended for
prohibition for the abolition OF sales. Ii is interded
aud effects the abolition oil consumption in the State.
II has been distinctly admitted BY my learned friend
that il is the policy oi Massachusetts TO abolish the
consumption. The Supreme Court of MasSachu-
seits sres noItIng in the law but reguiauon-her
representative here boasts thar il is intended for pro-
hibition, which - not regulation.
The question then is, are State laws, intended 10
contrayene u law OF Congress- constitutional? BY
the laws OF Congress spirits may be imported IN
casks OF less Than 10 gallons and VINE in bottles OF
less than quart, and the laws Of Massachusetts
say that her citzaus shall not sell or spirits
less quantities ihan 2S gallons.
The OF Brosea against Maryland is not so
strong as this That was intended for taxator / OF
prohn,tiop. Tho laws complained Of seek nc reve-
which was the object OF the law IN the other case.
In Browns case safe WIS only embarrassed here
IL is prohibited. Non-consunplon Is the object OF
this law. The Court in Browns case decided thai
there is no difference between the power to admit
and prohibit. II none be sold, none can bs imported
Tho learned Chief Justice OF Massachusetts saws
that the plaintiff Is not an importer. This does not
appear. For all ihaIIs Oh the record, Samuel Thur.
low is IN importer. II this intended 10 be
proved il should have been stated IN the Indictment
'not bsing an importer" Yet the indictments 70,
bad one. The laws make no disuncuon between
persons whether importers retailers; yetthe laws
o Congress say the, spirits nisy be imported Ia
casks Of less quantity Than can be sold y reiailers
This Ia making disi,uciion between persons which
the law does not recognize.
This distinction Is valuable in Browns case, be-
cause the laws OF Maryland We're confined 10 im-
poiters, and because II was = Tax case. lthas NOT
touched tue power CT Congress nor the mode In
which that power shall he exercised.
The counsel sdmits 4 disiincton made between
Importers and retailers. Ii is even ssid thar this
Rw Elay be good n lrt and lad in par;; thS, ii
may be valid IL It's appicatIaa 10 some persons and
VOL 10 It's sppieaiioa Others Ii 50, there must
bs some ieca, distinction. THIS act makes no dis
trctIoR. No law of Congress makes any tss,inc-
engaged in commerce. on their own account
a word abou; t.ts phraseoiogy OF the Consdrn-
hon, tAr;. ], Sec 81. Among the SteIes" Con
gsosa shall have power 10 reg uis;o commerce with
iosr'gn nations and among the several Sistes and
win The indiau tribes A,nong the States does
Dol mean among the soversga;es OF Ihe States but
sinong tse peopis Of the States. Secsrai States
sefe means al the States. would rot dwell on
.eis exposition of wosds, but would recolAnsrd il
70 sons srtes on verbal crincism.
In ,ouAsns back, nov iain!>s II strange thar
ne"-f ork should nave insisted on nsRies skes
sea rivers aud hasbors mare elaasrrus to other
S.es. Ssa SsI It mad The sanction Of such nen MS
sPeceT. ihe Chief Justice in i,is decision ON this
ssss, cut The smallest pattern possible fer The work
1 rider application. So s''' t'''>-i'f'
nus .sa aossr.hs Of State isws iu,eyfesog with
ineice silong citizens cannot BE- maintained. If
rslsh'ee sells his pa:en,-right 10 a c;tizcn OF =
s-.sIa 10 msc5. ps.ees-rishis Iosked on fs-
can tho Slate iH,esigre with thss t.ansno
N aha say thar The aatent.rightss,si nor i Yai;d;
ae power 10 l;cense is clearly in tie S,sie, brt