New-York daily tribune., 1845-02-03
.,.;.. ,b,, the s,s,s Law is ip.ended 10 prohibit


10 abolish consumption
Ru; what is this police power o. "tieH so
| hesr go much II is nos defined m ths Sonstilu
,on. Bet this case is not law OF ponce nat Ia"
ceo,ot make f4.zs for he regulation al coSraer';
Ry Iavs OF Congress sprits can be ,InFoTtsd or in
s.ords purehssrd in caske OF l5 gallons or 10
lions hui hv ths laws OF Massachusetts it cannot
5e enid In less quantities than 20 gallons, except oy
t1a option OF County Commissioners. /! 70 cell or
buy 10 less than % gallons Is retail, then Congress
| imports n retail.
isnti choose 10 lake hold Of this proposition by
somewhat 4 stronger hand. LAi ine distinction
between wholesale and retail run where il may, a
State cannot control ths quantity. What s tte
value of wholesale if retail trade i; cut OF Export
trade il like river, conveying from springs nnj
riyulets. and flowing out to the WIDE ocean. lnl-
port trade is like irgra,ion-tet out by nils ron
large fountain a3d this large fountain must be
controlled BY ore power, the national power Go
no: DENY that laws for heslth, DC. may be enacted
bv Siates but laws cannot be passed to prohibit
or abolish what Congress has passed laws 10 regu-
isie. ii retail s stopped, wholesale must stop also.
If consumption rs stopped, so must imports DO
stopped.
ed 10 other cases2 Suppose tina! Spirits coat one dc!
| lar gallon. The law Of hlassachasetts then is
| that YOU shall not purchase less than % dollars
worth. Nov suppose this rule sppiied 10 other ar
| tc:-a OF cernn@rce, Broadc!oin Tor instance ne
state az Nov ork wishes 10 encourage ef saii1o
manufactures aad, on hsr Canals, gives preferences
10 her oeu Salt, over foreign Salt But could she
| oass law that you should rot buy less quGn-
,itv than 90 dollars worth Suppose that the SAME
rule nov spplied 10 other beverages Tee, Coffee,
Spices, or Tobacco, and what would Re the conse-
quence?
| were settled, and the law established. What are
we coming to1 Suppose some oi the Northern
States should take II INTO consideration 10 pass law
n,ohibiling The sale Of the productions OF Southern
Staies Sugar fof iasance, except II slc q1anlitlss
ga 70 aroanl 10 total prohibition. Inc Hutho ity
OF Congress over Spirits, Tea, Sugar, &c. is the
same Or on The contrary, suppose some OF the
Southern States should pass laws, intended TO have
simiareiIect on the manufactures oflhe North,s sim-
ported into Southern States There things are not
so remote 10 pass without notice, Tor threats OF this
kind have already been leld out from high places
Would sUchR state OF things he desrable uus.
therefore that this question will be settled IN such
way as 10 sustain Inc Naons! authority ever these
cases and show to the several Stalee that Their III
teest and dignity best consulted by ready ac-
quiescence with The laws Of Congress.
I'h. presen, law of Massachusetts appears 10 be
,nider thuu The Is gallon law OF lS40; bur hers we
nave il openly ayowed by the counsel Of The Com
monwealth tnat It's object is the samc.
The several States should subml, promptly to ali
the laws of Congress- IL is detogatory 10 any STATE
Ia hold up her 0wn laws in opposition 10 those oil
Congress- Even when injury IS done, as some
states have supposed 10 be the case by the opera
zion of Tariff Laws, the States should submit with
aiacrity To these regulations II is by such compro
inises that we mainiain nationality They are
a surrender of Stale privileges, given in exchange
for benefits accruing from our Federal compact.
Div learned friend has knowiedged, what ne
could not deny, that this State law is Intended Tor
prohibition Congress has regulated this matter so ns
to derive revende from the consumption, whiehthe
State has passed law 10 abolish nave SHOWN
that when a State law conflicts with, or lmpedes
law of Congress, the State must yield. As there
fore is acknowledged that the present law Is in-
tended 10 conflict with alaw Of Congress regulating
commerce. the State law s unconstitutional: olhsi-
wise the United Suites laws would De subordinate
to State laws. The contrary IL true. All Staie
lows, health laws, police laws, ure subordinate tc
the laws Of Congress aud such must yield 10 the
superior II they conflict with or impede each other
MIR. Webster then, ID low tone, subnntted lew
points in writing, 10 the Court and took ms seat
having occupied from ii a. hi. till / o'clock, F. NJ
in ,he delivery OF his argument l have merely
given you some of the points, as the court room is
poorly arranged for the accommodation OF Report
ers. MIR. Webster appears again once OF twice next
weak RIcHELIEU.